Bankruptcy after an Equitable Distribution Judgment

in our equitable distribution case the judge has sent myself (pro se) and my ex’s attorney his proposed judgment. The big issue all along has been my ex’s military retirement benefit. He served for 240 months and I was married to him for 199 of those months. In the judgment it says, "the plaintiff (my ex) shall pay the defendant the sum of $14,743.35, plus $285.89 for the month of January, 2018, by January 31, 2018. If the plaintiff does not pay that money to the defendant by January 31, 2018 interest shall thereafter begin accruing at the legal rate until fully paid. any further unpaid months shall be added to the total and shall bear interest at the legal rate, until fully paid.

Here’s my question…what if my ex flat out refuses to pay? Back to court? and more importantly what if he files bankruptcy? does a bankruptcy get him out of paying on a judgment such as this?

If your husband refuses to pay according to the court order, then you would be able to file a contempt motion against him (called a motion for an order to appear and show cause) to force him to comply. This would require another court date so the judge could hear the evidence on the motion and decide whether or not to hold your husband in contempt of court which can result in fines, jail time, or both.

Filing for bankruptcy does not get him out of paying the judgment. You could become a creditor to your husband if he were to file for bankruptcy.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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