What form do I use for modifying ED; ex has not paid


#1

Ok, no money left for attorneys so going pro-se.
At ED Judgment ex told to make payments since he claimed too poor to pay lump sum. The Judge that we mediated with asked me to accept payments of $700 monthly on a $22000 judgment.
Ex has only made 4 payments and is behind 4 payments so I filed motion to show cause for contempt over lack of payments for ED Judgment and Order. Judge hearing that case said that it wasn’t “willful” so not contempt.
I want to have the original order modified to include some penalty or interest for slow/no payments. I am helping our sons to go to college and paying off credit card debts that I got from the divorce and they interest rates of 21%.

  1. What else can I do to get the payment from him?
    I had an attorney for the ED but no one thought to include interest on the money that he owed me.
  2. Is there another legal avenue? Small claims?
  3. Also, my name is on the deed to the house, but he got the house, that is why he owes me $22000. Can I keep him from refinancing or anything else to the house until he pays me?
  4. Is there any free legal assistance, since this is now about defaulting on payments? (assistance in court)

#2

The standard rate of interest for judgments is 8%. You may want to try filing a motion for judicial assistance. If the court was unwilling to hold him in contempt it may be willing to find some other way to assist you, by at least applying and interest rate to the money owed.
A refinance may actually be the best way for you to get your money. Being named as a debtor on the mortgage has no benefit to you whatsoever. If you have not already signed the deed over, you can use this as leverage to get him to refinance the mortgage. He can borrow the extra 22k against the new loan and pay you out.
To my knowledge there is no legal assistance available to deal with property issues. Though you are to receive payments, they are the result of an equitable distribution order and are not support payments.