How can I enforce payment to me that my ex and I agreed to as part of our divorce?

Question:

How can I enforce payment to me, that my ex-husband and I agreed to as part of our divorce?

He now lives in Arizona, but the divorce took place in another state where we lived together. I now reside in California. As part of the divorce agreement, we agreed that he would pay me a specified amount by a certain date, which has passed. He has shown no intention to pay even though he has the money. I was advised by an attorney in California to find an Arizona lawyer since a ruling in Arizona would be the only way to enforce payment. How can I go about getting this payment enforced?

Answer:

The only way to get an Arozina Court to enforce the order is to Domesticate the Divorce Decree in Arizona. That requires that you first obtain a certified copy of the Divorce Decree from the Clerk of Court for the district in which the Divorce Decree was entered. Arizona law requires that you then follow the statutory requirements to domesticate the Decree in Arizona. After the Decree is domesticated you can determine how to best enforce your rights under the Decree. You will likely require an attorney to both domesticate the Decree and enforce your rights. If you prevail in enforcing your rights under the Decree many Judges will also award you all or a portion of the attorney’s fees incurred by you in doing so. Many attorneys, including this one, offer a consultation.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
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West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

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