Divorce settlement, spouse stoppped paying monthly agreed upon amount

zeuss14

New Member
We filed in the courts a typed agreement with a list dividing in half the cost of our assets which were, motorcycles, new appliances, cost of new driveway, equity in the house, etc. We were married for 5 years, no children, the house and property were his when I moved in. He was on the verge of bankruptcy and about to lose the house, land and his truck. Within the first year we had all of the bills caught up and I used my income tax return two years in a row before we were married to catch up his bills. We lived together for 3 years before we got married.
Since he was cheating and caused the divorce he came up with an amount of $16,000 that he would owe me, I agreed on $11,000 with payments the first year monthly at $100 and then after that $150 a month until it was paid off. Part of the agreement reads that in the event that he should sell the house he would pay me off in full. This $11,000 included everything not just the equity that was established during that 8 years of living there. He was paying on time monthly for the first 4 years and then he started missing months or paying only $100 a month or $50. He has since gotten remarried, moved and gotten a new job, he was renting out the house. I have contacted him a couple times and asked what was going on with missing the payments, a couple times he has been $1000 behind. Each time he has told me life has gotten in the way but attempts to catch them up for the next 3 months then right back to nothing.
A couple months ago when I talked to him he said that he let the house go back to the bank and lost $30,000 so he thought he didn't have to pay me anymore and I should feel sorry for him. I explained that the amount was not just for the house and he still owed it, a signed court order by a Judge. I tried to explain to him that you don't buy a car and take out a loan, the car stops running or you get in a wreck you can't stop making your payments. He told me his total he had figured that was left and I had mine, his was $300 less than what I had so I agreed on that amount and he said he would try and pay something but didn't feel like he owed me anymore. But yet he had let the house go months before that and still sent a couple payments. Well I started getting $25 checks twice a month on their paydays for 3 months and again nothing for June so they have stopped again. He said he wasn't going by months owed anymore just amount. I agreed that it was fine as long as he was making some kind of payments. I have tried to be more than forgiving and letting him get caught up on life and his bills time after time.
What if anything can I do to collect the balance owed? This agreement was filed in the court as a settlement and signed by a Judge. I know it has been years and there is a balance of $2,000 left. Some say let it go but it is the principle of it and I have came down twice already from the total amount agreed upon and have let him make minimal payments to help him out.
Can I file a garnishment? Small claims court? Do I have a legal leg to stand on?
 
If he violates the terms of your divorce decree you would file for contempt with the court. This assumes the payment due and payment schedule are actually in the decree. However, you also aren't going to get blood from a turnip. Do you have reason to believe he has the money but is just not paying you?
 
Yes the payment amounts and schedule are in the actual signed decree. I do know he is terrible at managing his money but I am still friends with his grown children and his nieces. I know that they attend every party bearing gifts, go on vacations and that they are both employed. I know that it has nothing to do with his new wife's income but there are two in that household. I was fine with the $50 a month until another verbal agreement was broken yet again.
 
If you want to pursue, then file for contempt of court as suggested. Good luck.
 
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