Legal Question in Family Law in Pennsylvania
As stated in my divorce agreement, my ex-husband is to pay me $3,000 every month. Also stated, is that if he defaults in payments and the amount in arrears totals $6,000, my lawyer should send his lawyer a letter that gives him 30 days to cure the defaulted amount. "Husband shall have thirty (30) days from the date of the notice to cure said default." My lawyer sent him the notice, however, my husband paid enough to bring the arrears total under $6,000 again. My lawyer says that is all he has to pay but I believe that to cure the default, then the full amount in arrears has to be paid to me. Is my lawyer right to not pursue this? Or do I have a valid argument?
2 Answers from Attorneys
Without seeing the settlement agreement it's impossible to say. But who wrote that agreement? It sounds odd.
{John}
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