Legal Question in Family Law in Florida
Is a divorce judgment enforceable if it is not alimony or child support? Monies to be paid to me were listed as marital property and remain unpaid.
I was awarded $11,300 at 500/mo. My ex only made 3 $500 payments. I was then awarded an ORDER GRANTING MOTION TO ENFORCE AND JUDGMENT ON ARREARS (1993). No further payments were made. The amount owed now exceeds $40,000 and I have filed a Motion for Enforcement (August 2010). My ex, however is lawyered up and is even suing me for his attorney's fees unless I drop this renewal of the MOTION TO ENFORCE case that I recently filed. I have just less than 19 days to drop the case or proceed.
I have already done most of the work including sending Interrogatories and Fancial Affidavit forms which went unanswered within the 30 day requirement and remain unanswered as of today. They were received and signed for January 20th.
If it's not collectable, why was I awarded a MOTION TO ENFORCE AND JUDGMENT ON ARREARS (1993)? If this is enforceable, I would love to have someone take this case on a contingency basis as I do not have enough money for an attorney. July 7th is a hearing that my ex's attorney wanted so that he could get the judge to grant him a contingency for the July 19th hearing. The hearings are in Miami-Dade County, Florida.
What should I do?
2 Answers from Attorneys
Sounds like you need an attorney. I doubt anyone will work for free and there is not enough information to determine if a contingency is reasonable under the facts. Does he have the assets or a job to pay you?
Hire an attorney, There will be no do over if you do not. Thus far you have allowed him not to answer the interrogatories - you should have filed a motion to compel. There are lots of things you can do.
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