If I won $25,000 in a divorce settlement and it’s supposed to be paid within 10 years but I haven’t been paid and it’s 7 years, when can I sue?

He has 3 years left to pay. Can I start collecting now by attaching his wages or do I have to wait after the 10 years is up?

Asked on September 8, 2015 under Family Law, Delaware

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since the terms of the divorce settlement  state that the $25,000 is to be paid within ten years, you will have to wait the remaining three years until the ten years have elapsed before filing your lawsuit.
After filing your lawsuit for the amount owed plus interest and obtaining a judgment in your favor, you can then seek a wage garnishment to enforce the judgment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.