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Attaining a judgement

Discussion in 'Other Family Law Matters' started by lstein, Dec 27, 2001.

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  1. lstein

    lstein Law Topic Starter New Member

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    My divorce states: 1) My ex & I would sell our house and divide the equity 50/50. 2) That the children would be on my insurance through work 3) That we would each pay for half of all insurance and medical bills in relation to our children 4) That my ex would pay 50% of all work related childcare expenses.
    1) In July I refinanced our house and he signed a quitclaim to the property. I paid him all of the equity I got from refinancing the house, but it was $2800 less than we had verbally agreed. There is no way I can come up with the extra money.
    2) Because it was more economical, the children had been on his company insurance and I was paying him 50% of the bill each month. He wrote a letter stating that he would carry them on his insurance and my lawyer has a copy of it. In November he cancelled the insurance and I was forced to put them back on my insurance through work. This is much more expensive. 3) He is now refusing to pay me any of the insurance costs until he recoups the $2800 I shorted him from the house. He is also refusing to pay any childcare expenses.
    I don't believe I legally owe him any more money for the house since I gave him 100% of the equity and the agreement for the $2800 was a verbal one.
    Child Services can only make him pay the insurance costs if there is a judgement against him, so how do I aquire one, or what other options do I have?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I think that I remember seeing this question before... If you are being shorted on the money for insurance, it would seem to be a violation of your divorce decree (divorce mattes are pursued in Supreme Court in New York or whatever court that you were in for your divorce.) I have heard instances where people sue in small claims to obtain judgments.

    There is a question of whether you violated the divorce decree since you are stating two different things. A 50% share of proceeds is not necessarily a "sum certain" but 50% of whatever you get. If you ended up getting less than you thought then you didn't short him anything. It all depends upon whether the deal was for a sum certain which would be 50% or whether you agreed to share the proceeds 50-50, whatever that amount is and which is hopefully $X.
     

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