Port Saint Lucie, FL asked in Divorce for Florida

Q: How do I get a money judgement stated in my divorce enforced?

I was divorced three years ago and my ex husband has yet to pay me the money stated in our divorce settlement due to financial issues. I have given him time to get back on his feet and asked him several times to even start making payments he could afford instead of making him sell the house. Unfortunately he is not making an effort. Divorce was in New Hampshire but I currently live in Florida.

Related Topics:
2 Lawyer Answers
Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: If your ex still lives in NH, you will have to go back to court in NH and file an enforcement action and/or ask the court to force the sale of the house. If he lives in Florida, you could domesticate the judgment in FL and file an enforcement action, but you would not be able to force the sale of the house. Good luck.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You obtain a writ of execution (for property owned by him), or writ of garnishment (for wages due him) from the New Hampshire court and seize his property or wages. If he or his property are in Florida or elsewhere than New Hampshire, you would of course do that there.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.