Phillipsburg, NJ asked in Divorce and Family Law for New Jersey

Q: How long do I have/how long can I legally wait to pay out the lump sum payment to my ex? (NJ)

divorce agreement doesn't specify time only to be paid by cert check. the agreement does not even say "lump sum" it just says, " Husband shall tender to Wife a certified check in the sum of $75,000"

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2 Lawyer Answers
Bianca M. Sangiovanni
Bianca M. Sangiovanni pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Neptune, NJ
  • Licensed in New Jersey

A: The answer will depend on the facts surrounding your divorce, equitable distribution of assets and any contingencies that might exist to trigger a reasonable time frame of the payment to be made. You should consult with an experienced family law attorney to guide you as you will likely be served with a motion to enforce litigant's rights of the divorce agreement which frequently will include a request that the other party's legal fees be paid by you.

Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: Need additional information to be able to answer the question. You state that you are obligated to pay your ex 75,000 but you never told us what the 75,000 was for? Buy out of your ex's interest in the marital home, your retirement account, but out of your alimony obligation or for some other reason.

My advice is for you to have a consultation with a lawyer who specializes in divorce work and bring a copy of your settlement agreement and any emails between you and your ex about the money owed to him/her.

Let the lawyer read the agreement and then he/she will be in a better position to competently give you advice.

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