Legal Question in Family Law in Connecticut
In my divorce agreement, my husband agreed to pay me a large sum of money upon sale of the marital home. He has recently sold the house, but states he doesn't have the lump sum. He told me he will make payments to me through 2014. I do not want to amend our agreement, and know he has the means to either borrow it or liquidate retirement. How should I proceed?
2 Answers from Attorneys
Assuming that your agreement did require him to pay you at the time of the sale of the home, your first option would be to file a motion for contempt in divorce court. You may have other options. I am a little surprised that some sort of mechanism was not built into your agreement to require that the sales proceeds be divided right at closing (separate checks issued, one for you and one for your husband, for example). I would be happy to discuss your situation further with you. We offer a free initial consultation (in person or by phone 860.236.9350).
You can file some type of motion with the court. It can be a motion for contempt or it can be a motion to compel payment. Either way, he has to answer to why he claims he can't pay you and you would either mediate the issue to agree on a way to get paid or the court will hear the case and make a decision. You should have professional advice before you just agree with his proposal.
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