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


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.

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