QUESTION
Is there a legal form for a promise to pay an amount that isnt a loan?
Asked on Oct 02nd, 2012 on General Practice - New Jersey
More details to this question:
My husband and I are getting divorced. In order to keep it a simple divorce we decided not to add in there anything about a sum of money he owes to me. He said he will pay me the money after I serve him with divorce papers and he knows its been filed. He said he will sign a promise to pay document. I looked up promissory notes but they seem to be for a loan. This was not a loan. Long story short, when I got approved for SSI they took a large chunk of it to repay social services for benefits we as a couple received in the past. He agreed that half those benefits were for him so he should repay to me half of what was paid to social services out of my SSI. So this wasn't a loan but a debt I paid that he is paying me back half of. Is there a legal form other than a promissory note I can use as a promise to pay for him to sign. It doesn't need to be complicated but I do want it to be legal . Thanks
2 ANSWERS
2 Awards
I'm afraid that if you don't make it part of the divorce, you won't be able to enforce it later if he does not pay. If you do a simple divorce, write up a consent order or property settlement agreement. File the complaint for divorce, tell the court we already have it resolved, see the attached agreement, and ask for a date to finalize. That way the agreement is attached to your judgment of divorce and enforceable. Put something in the Agreement that if you have to file further court action to get it enforced that you get attorney's fees. Good luck.
Answered on Oct 03rd, 2012 at 11:05 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship
The simple answer would be for the two of you to agree to a Property Settlement Agreement in the divorce proceeding which would include a paragraph which states that your husband owes you this certain sum of money which was repaid for his benefit and then specifically outline how he will repay the debt to you. A Property Settlement Agreement is an agreement which resolves all of the issues in your divorce proceeding such as alimony, child custody, child support, and equitable distribution that you and your husband would negotiate between the two of you either with, or without, attorneys. This Property Settlement Agreement, once executed, would then be incorporated into the Judgment of Divorce and would thereby be enforceable through the Family Court in New Jersey.
Answered on Oct 03rd, 2012 at 10:24 AM