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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-21-2011, 04:08 AM
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Default Refusal to Pay Equalization Payment

Here is the situation:

May 29,2011- Judge orders an equalization payment to me. He errs (another Judge called it an error) in not putting set or defined dates for the payment.

Ex-Spouse has a home with a lot of equity. Ex Spouse has stated in anonymous emails to me they will not pay as they think the payment amount is unfair.

I have yet to see a penny.

What options do I have? Ex is self-reped and won't answer demands to pay or any request for schedule or intentions to pay.

If I do a motion what motion can it be? How can I force payment or sale of the home?

Any input appreciated because I am baffled on what my options are. It looks like I have to wait until they are ready to pay , if they pay????

How long can this go on?
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Old 11-21-2011, 07:22 AM
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You file a motion for payment within 30 days. In your affidavit you write that the length of time you have been waiting is unreasonable. You write that the lack of a defined date in the orignal order was described as an error, and you name the judge and provide documentation if possible, otherwise you swear an affidavit with a notary quoting the judge and attach it. You state that the ex has written they will not pay in emails to you, and you attach copies of the emails. It doesn't matter if they are "anonymous", although I would set your email reader to show the full details of the sender before you print it out. (I assume that the email was from "person574_@gmail or something like that. If you have another email from that address with some personal statement that would indicate it's your ex, include that as context.)

You may not get the 30 days, but you will get a defined date. If they don't adhere you will have cause to seek seizure of assets.
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Old 11-21-2011, 09:42 AM
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I was under the impression that unless a specific time is indicated, the default time to pay is "forwith"....as in now.

Go down to the court house and file a Form 29 - Notice of Garnishment.
You will need to fill out a Form 26 - Statement of Money Owed as well as a copy of the order stating the amount of the Equalization.
The other party will recived a copy of the documents and will have 30 days to request a hearing on the matter. You have your say, they have theirs and the judge will determine the outcome.

In the meantime, assuming that they are working, you will send a copy of the Notice of Garnishment to their employer. By law, the employer must start to garnish the wages up to 20% of their gross income (it would be up to 50% if the garnishment were for Spousal or Child Support). If they don't you can take them to court too.
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