ChicknLittle
New Member
My divorce was final in TN on Sept 5th. It was a no-contest divorce, we made our own agreement. I did not have a lawyer, my ex filed, and he is the only one of us who had a lawyer. Although I did have a friend look over my divorce papers before I signed them, that knew a bit about law....
We had an agreement for him to pay a small amount of money ($900) to cover some of the debt he left me in. Obviously it wasn't enough to get a lawyer and fight over it, but he agreed to it, and it's all I'd have gotten if I'd argued it.
Well, it was in our marital disolution agreement that he would pay it, but it didn't say when it would be paid. I'd assumed it would be paid when the divorce was final. We agreed on this back in March. He has had all year to save up this money but of course he didn't. with it being no-contest I didn't even have to go to court, the ex told me (and said I could talk to his lawyer whom I don't trust) that since there was no date in the agreement on when it would be paid, he can pay whenever he wants, that if he didn't pay within a reasonable amount of time (which he said about a year) that I could take him to court over it. First of all I think a year to pay $900 is way more than enough time for one thing. He also said if he is paying anything at all (even $5) every month then I can't do anything.
I got to talking to a friend who has been divorced before, who told me that 90 days after the divorce was final if he hasn't paid the amount in full, I can take my ex to small claims court which wouldn't cost much, and he would either have to pay it then, or it would be drawn out of his paycheck. My ex claims this isn't true, and said his lawyer said it isn't true either, but I don't trust either of them, and they both know I don't have a lawyer.
I know it is a small amount of money, but for me, living on my own for the first time and only having disability income, it is a large amount of money to me. I really do need it and it bothers me that he's screwing around as far as making any payments. He makes well over twice what I get each month and claims he can't even give me $200 once a month. He agrees to a payment of a certain amount, then only gives me half of that and says he can't give me any more than that.
My question is, is what my friend was telling me true, about 90 days after the divorce being final taking him to court.... Or can I at least get some kind of agreement drawn up as far as payments go and see if he will hold to it if it is a legal document?
I do not want to get a lawyer, obviously I'd be losing money then. I'm hoping this is something I can settle in small claims court without a lawyer. any help would be appreciated.
Thanks,
Lisa
We had an agreement for him to pay a small amount of money ($900) to cover some of the debt he left me in. Obviously it wasn't enough to get a lawyer and fight over it, but he agreed to it, and it's all I'd have gotten if I'd argued it.
Well, it was in our marital disolution agreement that he would pay it, but it didn't say when it would be paid. I'd assumed it would be paid when the divorce was final. We agreed on this back in March. He has had all year to save up this money but of course he didn't. with it being no-contest I didn't even have to go to court, the ex told me (and said I could talk to his lawyer whom I don't trust) that since there was no date in the agreement on when it would be paid, he can pay whenever he wants, that if he didn't pay within a reasonable amount of time (which he said about a year) that I could take him to court over it. First of all I think a year to pay $900 is way more than enough time for one thing. He also said if he is paying anything at all (even $5) every month then I can't do anything.
I got to talking to a friend who has been divorced before, who told me that 90 days after the divorce was final if he hasn't paid the amount in full, I can take my ex to small claims court which wouldn't cost much, and he would either have to pay it then, or it would be drawn out of his paycheck. My ex claims this isn't true, and said his lawyer said it isn't true either, but I don't trust either of them, and they both know I don't have a lawyer.
I know it is a small amount of money, but for me, living on my own for the first time and only having disability income, it is a large amount of money to me. I really do need it and it bothers me that he's screwing around as far as making any payments. He makes well over twice what I get each month and claims he can't even give me $200 once a month. He agrees to a payment of a certain amount, then only gives me half of that and says he can't give me any more than that.
My question is, is what my friend was telling me true, about 90 days after the divorce being final taking him to court.... Or can I at least get some kind of agreement drawn up as far as payments go and see if he will hold to it if it is a legal document?
I do not want to get a lawyer, obviously I'd be losing money then. I'm hoping this is something I can settle in small claims court without a lawyer. any help would be appreciated.
Thanks,
Lisa
