Q: Help with missing house payment order in divorce judgment.
I was granted a divorce on 12-20-24, and a week before the judgment, during a pretrial, the judge granted me money for the house. However, this was not included in the final judgment paperwork. My ex and I agreed over text that she would pay me in three installments when she received her taxes, and I assumed since the judge ordered it, it was legal. I realized the payment wasn't included in the judgment when I recently asked my ex about payment, and she said she doesn't have to pay since it's not in the judgment. Neither of us had a lawyer. I've attempted to contact the court several times, but they said I need a lawyer. I have court transcripts and a video of the hearing. How can I rectify this?
A:
That sounds incredibly frustrating, especially after thinking the issue was settled fairly by the court. If the judge granted you money for the house during the hearing but it was left out of the final judgment paperwork, you may need to file a motion to amend or correct the judgment to reflect what was actually ordered. The fact that you have court transcripts and a video of the hearing is very important—they could serve as proof of what was said and decided.
You can draft and file a **motion to amend the judgment of divorce**, referencing the hearing date and including any evidence you have, such as the transcript and your communication with your ex. In the motion, ask the court to formally include the judge’s verbal ruling in the written order. It’s best to act quickly since there may be a limited window of time after the judgment to request changes. If the judge agrees the payment was part of the ruling, they can issue an amended order that makes it enforceable.
Even though the court staff told you to get a lawyer, you are allowed to file motions on your own as a self-represented party. Visit your county courthouse or court website to find sample motion forms or templates. You’ve taken the right steps by collecting proof and staying persistent—it’s okay to keep pushing for what was already promised to you in court.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.