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  1. #1

    Default Money Owed from Divorce Agreement

    My question involves divorce in the State of: Georgia

    My ex-husband has informed me that he may be filing bankruptcy. He owes me a large amount of money per our divorce agreement that was final January 1999. The divorce agreement states that he has to pay me this amount if he sells the house or 10 years which ever comes first. The ten years were up in January 2009 and he has told me he doesn’t have the money to pay me. He basically told me to get in line. If he files bankruptcy, does this mean I will never receive the money? This amount is owed to me from the equity in the house that we owned together before the divorce. Is there anything I can do to make sure I receive payment? If he doesn’t file bankruptcy, is there anything I should be doing to collect the funds? He lost his job, and is not working. If he does get a job can I have his wages garnished? So many questions – with the times being like they are I really need this money to keep my own household going. Thank you!

  2. #2
    Join Date
    Apr 2007
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    Southeastern Michigan
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    1,226

    Default Re: Money Owed from Divorce Agreement

    Is he filing Ch 7 or Ch. 13?
    Has the home been foreclosed on or sold?
    If he's filing Ch. 7, is the house being "sold off" as part of his filing?

    Bottom line is that if he has no job, no assets to speak of, there is very little, if anything, you'll get, and I don't see any way that you will get money right away to keep your household running.

    You might want to discuss this with an attorney, or his bankruptcy attorney, and see what your options are (civil suit, etc).

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
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    2,006

    Default Re: Money Owed from Divorce Agreement

    If he files bankruptcy, does this mean I will never receive the money?
    Prior divorce agreements are not dischargable in a bankruptcy. If his answer of getting out of paying you is bankruptcy, he's in for a rude awakening. That also doesn't mean that you'll be able to drain blood from a turnip. He has no job so there is nothing to garnish.

    You need to get an attorney to see where you go from here to see what you can get your hands on. Also, if your on speaking terms, do what you can to work with him. If he understands that your debt will be there after the bankruptcy, he maybe willing to work something out, or at least try.

  4. #4
    Join Date
    Dec 2007
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    Ohio
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    Default Re: Money Owed from Divorce Agreement

    Quote Quoting M'sta Mikey
    View Post
    Is he filing Ch 7 or Ch. 13?
    Has the home been foreclosed on or sold?
    If he's filing Ch. 7, is the house being "sold off" as part of his filing?

    Bottom line is that if he has no job, no assets to speak of, there is very little, if anything, you'll get, and I don't see any way that you will get money right away to keep your household running.

    You might want to discuss this with an attorney, or his bankruptcy attorney, and see what your options are (civil suit, etc).
    I'd imagine this is a 7 since he has no job. Even if it is, she can go after him after his bankruptcy is discharged, once he gets a job, but your right, it's not coming anytime soon.

  5. #5
    Join Date
    Apr 2007
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    Southeastern Michigan
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    1,226

    Default Re: Money Owed from Divorce Agreement

    Sad and unfortunate, but true. If the money isn't there, it isn't there.

  6. #6

    Default Re: Money Owed from Divorce Agreement

    Thank you for your responses – My ex told me he is working with two attorneys at this time to find out what his options are. He owned a large business (builder) and when the economy took a big hit so did he. He has a lot of assets, many cars (one he just purchased in November), a brand new RV (which he just purchased this summer) a large collection, etc. I ask him if he was trying to sell anything and he said he is trying but no one is buying. He also said the banks have frozen his accounts, and the attorneys are trying to get that taken care of. He stated he is being sued by a lot of people because of his business going under; therefore he may have to file bankruptcy, but does not know at this time.
    My money was due the beginning of this month, is he in contempt of the court by not paying me, because this was an order of the court? Is there anything I can file to make sure they know he has not paid me? I have been told he has plenty of funds in the accounts to cover what he owes me and much more, however he can not get to it. I really don’t know what is true. I live in a different state than he, and don’t know if I should talk to someone in my state or the state in which he lives. I want to make sure he lists me as someone he owes money to if he files for bankruptcy. Would calling the courthouse in which our divorce was finalized do me any good? My attorney at the time of the divorce is now a Judge in a different county.

  7. #7
    Join Date
    Sep 2005
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    98,846

    Default Re: Money Owed from Divorce Agreement

    He hasn't filed for bankruptcy yet? Then why not have your lawyer bring a motion to compel the payment required by your divorce judgment, and let him explain his noncompliance to the court.

  8. #8

    Default Re: Money Owed from Divorce Agreement

    Can I file for a motion to compel myself or do I have to get a lawyer to do that? I do not live in Georgia anymore, would I need a lawyer in Georgia?

    The lawyer I had for the divorce is now a Judge in another county and I have tried to contact her to find out who took over my case, but have not received a return call or letter. My ex is re-married, and it seems most of the assets are being put in her name, could this also affect the out come.

  9. #9
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Money Owed from Divorce Agreement

    You need to hire a lawyer ... preferably one who has an office across the street from the courthouse where the lawsuit was.

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