I was awarded the marital home in a divorce. The property was warranty deeded to me solely. At the time of the divorce, the house was -$8k in equity, but has appreciated to have around $20K in positive equity. Alimony was stipulated to for 5 years and Former Husband was to pay both mortgages on the marital home as alimony. A year ago, Former Husband stopped making payments. During this time period, he never informed me. He had all notices, even ones in my name, directed to his address and all phone calls going to himself (you can change this info online, which he did anytime I tried to correct them). I literally knew NOTHING about this until a server came and presented me with papers. I cannot catch up the arrearages. Our son lives in my home. I'm losing the home to foreclosure & did not qualify for HAMP etc. The divorce court doesn't have an adequate remedy for me.
The only remedy is contempt/enforcement which divorce court certainly has the authority to do if facts warrant. No need to start another lawsuit. As for you not knowing about non-payment - I am skeptical.
If the facts are as you say, then the family court does have the power to enforce the order and to order damages to you for his breach of the agreement and his contempt. I really don't think you could get anything in civil court that the family court can't give you.
Please consult with a qualified family law attorney near you.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline