Is it too late to file a motion for my ex-husband to paymoney thathe owes meas perour divorce stipulation?

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Is it too late to file a motion for my ex-husband to paymoney thathe owes meas perour divorce stipulation?

My divorce was finalized in 10/07. On the divorce stipulation it indicates that my ex-husband pay me $40,000 in 30 days. He has only paid me half to date. Also, I have recently been served to pay the balance on a leased car that he defaulted on because the original loan is in my name. However, the divorce stipulation indicates that he assumes sole responsibility on the car. Can I add this to the monies he owes me?

Asked on April 23, 2011 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A divorce stipulation is essentially a contract. That means that the parties to it must honor its terms, and that if one party does not honor the stipulation's terms, the other one can bring a legal action--sue--in order to enforce it. In New York, a written agreement can be enforced for up to 6 years after it is breached, so you should still be able to take action--though there is no reason to delay further; you should consult with a lawyer immediately. You can look to seek compensation for all amounts your ex-husband did not pay, or all losses or expenses his violation of the stipulation caused you, including a balance owed on a car, if he was supposed to pay. Good luck.


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