The Question:
My ex sold our home and refused to give me my half. Our divorce decree awarded me 50 percent of the proceeds. I filed for enforcement, and the judge ordered him to pay me within 30 days or arrange payments. However, the judge stated she cannot enforce her ruling to make him reimburse me. What are my options?
RJ Says:
I interpret the judge’s ruling to mean that he still owes you the money. The obligation did not disappear. However, if he does not voluntarily comply, the court may not take further action unless you pursue additional enforcement tools.
In other words, the burden shifts to you to take the next step.
Does he have other real property, bank accounts, wages, or other assets? Even if he claims the home sale proceeds are gone, there are still legal mechanisms available to collect what you are owed:
Wage garnishment
Bank garnishment
Recording a judgment lien against other real property
You may also request a debtor’s exam. The court can require him to appear and disclose his income sources, bank accounts, and assets under oath. That information can then be used to determine the most effective enforcement strategy.
Enforcing property division orders can be technical and procedure-driven. An experienced Phoenix divorce attorney can help you evaluate available collection tools and pursue them properly.
We offer free 30-minute consultations to review your matter in detail and develop a plan. Call (602) 256-7575 to schedule your consultation.