Ed

Erin,
Thank you for answering the questions. Here is another about ED. If one party can’t pay ED amount (no money?) can one ask for Federal Income Tax returns until ED amount is paid off. It seems reasonable, since they claim they don’t have money and this is not money they depend on for living expenses. Has this every been done or is this something the court would never agree to?

Thank You

Generally speaking, a court would not do that. The court would divide the property in an order with specifics on what amount, if any, would be paid as a distributive award and under what timeframe. If the party did not comply, the other could file a Motion to Show Cause and bring the action before the court. The court would then likely make one party sell an asset to come up with the appropriate funds due under ED.

So what happens if he refuses to pay the ED order and he has no assets to sell to pay it?

ditto.

My former spouse only has a house and vehicles to his name. He cashed in life insurance and retirement. Has no saving and says the amount he makes a month pays his bills and his high credit card debit. Nothing extra, he says

Will a judge make him sell his house or vehicles to settle ED? What if the house is on the market for a year and no buyers, can he be forced to foreclose if he can not find the cash to settle ED??

Judges typically will only order that the amount owed be paid, they will not order that the money owed come from a specific source of funds.