Legal Question in Family Law in New Jersey

I have been divorced from my ex husband for almost 4 years, but we still own a home together. As per our property settlement agreement, we're each responsible for all costs regarding the home (mortgage, monthly condo fees, gas and electric, etc.). He has failed to uphold his end for the past 6 months, and I have been covering his half of the costs out of my own pocket.

Every lawyer I've spoken to has told me "not to bother" going after him for the money he owes me, but he is in violation of our divorce contract. At this point, it's not the amount eh woes me that bothers me, but the fact he is in violation of the divorce contract and believes he will not have any repercussions for failure to pay his half.

Any advice would be helpful. I'm in the Middlesex/Somerset County area, so if there's anyone who'd be willing to take this on, PLEASE let me know!


Asked on 2/21/11, 6:30 am

4 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

If he is in violation of the divorce judgment you can file a motion with the family court to enforce your agreement. When you file the enforcement motion, you can also ask for the court to award you attorneys' fees and costs for having to enforce an agreement. However, it is not a guarantee you will receive the fees and costs. Without more information, it seems like you have a pretty straight forward application to enforce your Judgment of Divorce.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

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Answered on 2/21/11, 7:14 am
Gary Moore Gary Moore Attorney At Law

You can bring a motion to enforce the agreement. I am willing to assist your with this matter.

Call me if you like

Gary Moore

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Answered on 2/21/11, 7:24 am
Robert Davies The Davies Law Firm, P.A.

Don't bother? not good advice.

Seems to me that you need to file a motion to force him to do what he is supposed to do. I have litigated in New Brunswick divorce court and many other courts in NJ too.

Call me, we will discuss this and get it going. No charge for the call.

Robert Davies, attorney 201 820 3460

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Answered on 2/21/11, 8:15 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I'd be happy to help. I practice in that area quite often. 732/773/2768

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Answered on 2/21/11, 8:39 am


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