Military Separation Agreement
My ex-husband and I signed a Separation Agreement in 2004 stating that he would pay me a certain amount within 5 years; that 5 years ends in March 2009. Although it was stated that monthly payments are to be made, no money has been received. Because this was a military separation agreement (the divorce was done through the state of Maryland), what state do I go through to file a civil suit when the lump sum has not been paid in March 2009?
Is there a way to have a ''warning'' letter sent to him stating that if the entire payment is not received by the deadline that a civil suit will be filed?
1 Answer from Attorneys
Re: Military Separation Agreement
Yes, you could send such a letter yourself anytime(but it would be obviously better to have it coming from an attorney).
However, the action for enforcement of the agreement should likely be through the Maryland court which granted the divorce, and, consequently, a motion to reopen the divorce case would probably need to be filed first and then a Show Cause action against your former husband as to why he should not be found in contempt of court (for having failed to make the required payments).
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