Q: If my x husband is not making equitable distribution payments to me what can I do ? Can he be put in jail?
I don’t receive alimony instead I receive 3k a month which is classified as equitable distribution what can I do ?
A:
Since the payments are not alimony or child support and classified as equitable distribution the enforcement doesn't include possible jail time.
It's a breach of contract action per your Marital Settlement Agreement which may include attorney fees and costs to the prevailing party. He has the option of filing for bankruptcy to wipe out the remaining payments or reduce the amount of if he qualifies for either Chapter 7 or Chapter 13 (Wage Warner plan).
Sincerely
Ira Markowitz,Esq.
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