It may be time to take ex-husband to court

Dear Dale: Three years ago I got a divorce and my ex-husband was ordered to pay me a lump-sum divorce settlement. He was given a year to make the payments because his money was tied up in real estate. After a year, he claimed he wasn't able to pay the amount owed because of the bad real estate market and was given an extension to pay. It's been three years and he still hasn't paid much of what he owes me and I'm struggling to make a living. Do I have any options at this stage?

It's unclear from your letter whether your ex-husband went back to court in the last year or two to seek subsequent extensions to pay the money he owes to you, but because you didn't mention that I'm going to assume he didn't.

Toledo divorce attorney Henry Herschel, who I consulted about this issue, said the first thing he would consider is filing a motion to show cause why your ex-husband is not in violation of the court's order. Essentially, you're saying “Hey, Judge, this guy isn't doing what you told him to do and there should be consequences for that.” In the motion, you could also seek attorney's fees, court costs, and the interest that would have accrued on the settlement amount.

If you can obtain a judgment showing your ex-husband is in default, you could attach the properties and seek an order from the court requiring them to be sold in a certain time frame in order to satisfy your husband's debt.

I say all of this without having had the benefit of seeing the language of the divorce decree or any subsequent orders, but the bottom line is that parties can't simply ignore court orders because the timing isn't convenient.

Seek the help of an attorney who specializes in family law. While that's going to require you to incur legal fees initially, it doesn't look like you're going to get anywhere by waiting for your ex-husband to follow through with his obligations.

Dear Dale: I often drive with my dog in the car. She rides in the back seat unrestrained. If someone hit us and injured or killed my dog, would he have to pay for the vet bills or compensate me for her loss?

As a fellow dog owner, I understand how easy it is to become attached to a dog. Most of us develop a bond with our dogs, so it's rough when they die or when we see them in pain. That said, the law doesn't recognize that relationship and views dogs as personal property similar to livestock.

If your dog were injured or killed in a car accident as the result of another driver's negligence, you would be entitled to compensation. Cases in Ohio have allowed dog owners to be compensated for the cost of veterinarian bills attributable to another party's negligence. If your dog were killed, you would only be entitled to the fair-market value of the dog. Unless your dog is a show dog or a purebred, that's a relatively modest amount. In short, it won't come close to compensating you for the emotional loss you'd suffer if your dog died in an accident.

Dale Emch practices law at the Dale Emch Law Office, LLC, in Toledo. In his column, he will discuss general legal principles and answer readers' questions. Neither Mr. Emch nor The Blade present or intend his column to be taken as legal advice. Readers seeking legal advice should consult with an attorney. Readers may send their questions to 615 Adams St. Toledo, OH 43604 or dale@daleemch.com. His Web site is www.daleemch.com.