How do I enforce a stipulation agreement?
Question Details:
Ex signed the stipulation of settlement agreeing to pay money and he keeps the house. Almost 2 years have past and he has not paid the amount. My name is on the deed butnot the mortgage. He has not paid the taxes so the county is putting a tax lien on the house with auction date of 02/10. I'm also worried that a lien on the house will my credit be in jeopardy since my name is still on the deed.
If a judgment is filed against you, then your credit will be affected. You should immediately contact a lawyer and take the steps necessary to enforce the settlement agreement. If your ex is in default, then an application to hold him in contempt of court is in order.
You must commence such an application before the Supreme Court Justice who granted the divorce. Once you appear in court, the Judge can force your ex to begin payments or face jail.
It sounds like a post judgment divorce action needs to be started to enforce your rights under the settlement. I am a New York matrimonial attorney. If your case is in the Long Island or NYC area perhaps I could be of assistance. Feel free to contact me if that is the situation. Liens on the house could effect your credit. If you can, it is time to try to enforce your rights. Darren M. Shapiro, Esq. 516-333-6555 www.NYAttorneyDivorce.com www.CriminalDefense1.com
The answer to this question greatly resolves around the terms of the Stipulation of Settlement. You say that your ex got to keep the house. The issue is whether or not he is specifically obligated to maintain the carrying charges on the house including the real estate taxes and to hold you harmless. Some agreements also provide a remedy in the event of a default. IF the agreement does in fact provide for him to maintain the taxes and hold you harmless you can seek to hold him in contempt and if he is found in contempt there are many remedies available to you including a money judgment or possible jail time. If there is no specific clause for this you need to file for a court order seeking to modify the Stipulation to provide for protection due to ex's failure to pay taxes and a possible ruin of your credit. I suggest you contact your divorce attorney who represented you. If you represented yourself, find a local attorney who practices matrimonial law.
