Legal Question in Family Law in New Jersey

Re: breach of property settlement & divorce decree

You do not pursue it as a "breach of contract"; you would pursue it as a violation of his obligation under the property settlement agreement. The procedure would be to file a Motion with the Court and ask the Judge to require him to pay the debt so that same is not negatively reflected on your credit report. In most cases, the better option is to have an attorney do this for you so that you are sure it is done correctly.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: breach of property settlement & divorce decree

You are correct the property settlement agreement is a contract. In order to enforce it, however, you have to file a motion for enforcement and violation of litigant's rights in the county where you obtained your divorce. You have to give him at least 35 days notice before the court will hear the motion.

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.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: breach of property settlement & divorce decree

Yes. You can simply file a motion to enforce litigant's rights seeking relief which would include entering a judgment in your favor against him.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: breach of property settlement & divorce decree

The other attorneys already answered your question and I agree with them.

However, feel free to call me to discuss your case. My initial consultations are always free.