Legal Question in Family Law in New York

Question on Divorce Terms

I have been paying alimony to my ex wife for 2 years and just mailed the payment today for my last payment. I have 2 questions - the first is that the divorce decree stated that I had to deposit the money into her account every month however I moved out of state and clear across the country and started mailing them. She accepted the checks, cashed them and never said anything - I didn't even realize that was part of the decree until now - is that going to be trouble? Since my second question: she was suppose to refinance the house within 2 years and has yet to do so - I am going to get the lawyer I used or another one to send her a letter stating those were the terms of the agreement she got the house etc etc I just want my name off the mortgage. She was never very happy when she found out I was with another woman during the divorce and always threatens me. Whether or not she knew, doesn't matter right? She signed the divorce and didn't contest it within the allotted time. Please advise. I appreciate your advice.


Asked on 3/06/09, 8:53 am

3 Answers from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Question on Divorce Terms

I agree with Mr. Browde and Mr. Markowitz.

If she is late on the mortgage payment or defaults entirely then you could be held responsible, and also your credit would be impaired.

If you would like to contact me since I am right down the road from you, please feel free to do so.

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Answered on 3/08/09, 3:42 pm
Kristen Browde Browde Law, P.C.

Re: Question on Divorce Terms

No worries on the payment by check. She got the money - every dollar, end of story.

However, the house issue is more complicated. If you're not in direct contact with her, your attorney should send her attorney a letter right away.

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Answered on 3/06/09, 9:05 am
Michael Markowitz Michael A. Markowitz, PC

Re: Question on Divorce Terms

I agree with David. She accepted the checks so there should not be an issue.

As to the house, there is probably a "notice" provision in your Settlement Agreement. You must place her on notice that she must remove your name from the mortgage. If she fails to do this, you may have to file a motion in Supreme Court to hold her in contempt under the Judgment of Divorce.

Mike.

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Answered on 3/06/09, 9:21 am


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