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  1. #1
    Join Date
    Dec 2016
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    172

    Default How to Enforce a Property Judgment After Divorce

    My question involves a marriage in the state of: Washington

    I posted a while back about an appeal for payment of a divorce judgment, and we did not win. Which all of you predicted. However, it did not seriously impact us because the attorney had done the appeal pro bono. That was something I wasn't able to share before due the situation. Some of you predicted sanctions, but that did not occur.

    Now we are at the point where the judgment was due in September. Here's the wording from the judgment and subsequent amendment as a refresher.

    Here's the exact wording from the decree with specifics removed...
    "Wife shall owe husband an equalization payment in the amount of $xxx. This shall bear no interest and wife shall pay at her ability. Wife shall have an affirmative duty to make good faith and reasonable efforts to remit payments in a prompt and timely manner so as to not take advantage of husband's agreement to waive interest and specific repayment terms. If equalization payment has not been paid in full by the time the parties' youngest child graduates high school, payment shall be due in full within 90 days of child's graduation."

    And here's the wording from the amendment...
    "The parties intend to abide by the Decree of Dissolution regarding the court ordered debt. The terms of payment are outlined in the (sic) Decree, however the parties want to add clarity to ensure understanding between the parties regarding payment of the debt. Both parties agree the debt will not be due until 90 days after the youngest child graduates high school. The approximate date the debt is to be paid in full is September 2017. In the event the debt can be paid prior to that, the paying party may do so without any prepayment penalty. Should the child not complete high school, the debt is still due 90 days after what would have been the child's anticipated graduation date."

    The child is now 19. She had not completed high school. She is going to an alternative school, and IF she graduates, it won't be for a while. She has not taken her classes seriously.

    The wife has made no action toward resolving the judgment, even though she just sold a rental house for $150k in September that was fully paid off. My husband has contacted her via email to ask about resolving this, and she has not replied.

    We are trying to sort out if it makes sense to try to enforce the judgment in court. We really don't want to spend the money, but the ex wife seems to be completely silent about this situation, and my husband's been in a financial holding pattern for over 10 years waiting to get his name off that mortgage.

    What would you do? Is the wording too vague to pursue without the youngest graduating?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Enforce a Property Judgment After Divorce

    Quote Quoting oldsmom
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    What would you do? Is the wording too vague to pursue without the youngest graduating?
    No, its not. He needs to head back to court and get it reduced to a judgment so that he can garnish whatever can be garnished.

  3. #3
    Join Date
    Dec 2016
    Posts
    172

    Default Re: How to Enforce a Property Judgment After Divorce

    Quick update.

    My husband sent her a registered letter at the end of October asking her to please update him on her plan to fulfill the divorce decree, or he will have to pursue legal channels and ask for attorney fees since this is poor faith. She has not responded in any manner. Not even a text message. She signed for the letter, but that was it.

    But I just found on the county assessor website that she just bought yet another house this week for $210k.

    The attorney wants $5k as a retainer. And our worry is that this will go to court, and she will plea that it was a different interpretation since the youngest has still not graduated. So while he might win, it will cost $5k or more to get there, and the judge could decide that it wasn't poor faith. So we just lose that money.

    Is there any risk in waiting until the youngest finally graduates, and then file? In theory that will be June. That would make the poor faith argument much cleaner. Or could that somehow bite us?

    Or do you think this is already a clean enough argument of poor faith, and we have decent odds of collecting attorney fees at this point?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Enforce a Property Judgment After Divorce

    Quote Quoting oldsmom
    View Post
    Quick update.

    My husband sent her a registered letter at the end of October asking her to please update him on her plan to fulfill the divorce decree, or he will have to pursue legal channels and ask for attorney fees since this is poor faith. She has not responded in any manner. Not even a text message. She signed for the letter, but that was it.

    But I just found on the county assessor website that she just bought yet another house this week for $210k.

    The attorney wants $5k as a retainer. And our worry is that this will go to court, and she will plea that it was a different interpretation since the youngest has still not graduated. So while he might win, it will cost $5k or more to get there, and the judge could decide that it wasn't poor faith. So we just lose that money.

    Is there any risk in waiting until the youngest finally graduates, and then file? In theory that will be June. That would make the poor faith argument much cleaner. Or could that somehow bite us?

    Or do you think this is already a clean enough argument of poor faith, and we have decent odds of collecting attorney fees at this point?
    How much money are we talking about?

  5. #5
    Join Date
    Dec 2016
    Posts
    172

    Default Re: How to Enforce a Property Judgment After Divorce

    It's between $20-$50k.

    Additionally, I just found in the paperwork that the last judge, as well as the court of appeals clearly stated in the rulings that the deadline was indeed September 2017 for her to pay the amount owed.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Enforce a Property Judgment After Divorce

    Quote Quoting oldsmom
    View Post
    It's between $20-$50k.

    Additionally, I just found in the paperwork that the last judge, as well as the court of appeals clearly stated in the rulings that the deadline was indeed September 2017 for her to pay the amount owed.
    20-50k is a big difference. While I would not particularly want to pay an attorney 5k to get me 20k I might think differently about paying 5k to get 50k.

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