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?