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question iconDivorced in October 2017. Ex paid maybe 6 months @ $500. a month. He hasn’t made any payments nor will he answer any of my text or attempts to talk to him. Made several try’s to negotiate alternative payments. Fixing issue where I live or trading some assets. He has a boat, skidster, motorcycle, four, wheeler etc etc. He refusing any & all negotiation & feels he doesn’t have to pay & there is nothing I can do. when he was still communicating he said he didn’t have to pay & to go ahead & take him to court cause judge would say pay & he would say ok. but have no intention of paying. said I would just be spending money on lawyer & wasting my time going back & forth to court for years. He wouldn’t even have to show. he’s self employed so can’t garnish his wages. Is that true? They would just talk to him tell him to pay making me take him to court again & again with no results. Can I renegotiate the terms of the divorce & instead of cash get some of his toys like the boat & such. Curious don’t want to waste my time & don’t have money to waste.
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It appears that you are asking what your options are for enforcement, or in the alternative, to revisit the divorce and alter the separation agreement to award you more of the marital property in lieu of maintenance. For enforcement, you can file a motion requesting your ex be held in contempt for failure to follow the court's order to pay you spousal maintenance. If he is found to be in contempt, the court can impose fines or even jail time. As to revisiting the settlement agreement (the order that divided the property in the divorce), that is governed by C.R.S. 14-10-122. Modifications of property settlements can be extremely complicated. However, it is important to understand that none of these processes require an attorney, so you could proceed pro se, or unrepresented. Setting an assessment with an experience family law attorney can help you review your options and better understand your likelihood of success.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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Bill Henry
Family LawSep 9, 2021
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