Legal Question in Family Law in Maryland

Ex Not Paying Settlement

I was divorced in 8/02. Me and my ex had a prenuptial agreement which would divide the equity of a home that was in the process of being sold. After our divorce was final, and the home was settled on 2 months later, my ex informs me that he doesnt think that I deserve the money from the house and now refuses to pay his obligation persuant to the terms of the prenuptial agreement (which was part of our divorce settlement) What do I have to do to enforce him to pay up?


Asked on 5/17/02, 7:54 am

2 Answers from Attorneys

Ana Avenda�o Law Office of Ana Avenda�o

Re: Ex Not Paying Settlement

If your agreement is part of the judgment of divorce, then the terms of the agreement become a court order. So if your ex is volating the agreement, he is violating a court order. That means that if you go to court for his violation of the agreement, he could be found in contempt of the court order and fined, and also be made to abide by the terms of the agreement.

If he has a lawyer, you should definitely hire a lawyer as well. If you're not ready to do that, you should send him a letter, certified mail, requesting that he abide by the terms of the agreement. Give him a date by which to act. If he doesn't, then you are going to have to go to court to have the agreement enforced.

Read more
Answered on 5/21/02, 8:27 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Ex Not Paying Settlement

If your efforts to enforce the agreement, which appears from

your question to also be incorporated into your judgment of divorce, have

been unsuccessful, then you should seek the assistance of an attorney.

An attorney can begin by asserting a demand for payment and, if unsuccessful, an action

in court will need to be filed. Alternatively, an action in court can be filed without a demand.

Based on the facts you indicated, you have two avenues

of recovery. One is through contract law, the other is through his non-compliance with an order

of the court.

I am available or a message can be left at (410) 799-9002.

Read more
Answered on 5/17/02, 9:19 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland