Full question:
My daughter's financial settlement agreement was signed by the judge over 60 days ago. The settlement stated that the funds were to be paid in 30 days if possible, but no longer than 60 days. The divorce papers have been finalized and issued. My daughter's ex-husband has not paid the agreed upon settlement and will not indicate as to when he will. What legal steps are available to get the agreed upon settlement?
- Category: Contempt
- Date:
- State: Kentucky
Answer:
If a court order isn't followed, you can file a petition for contempt in the court that issued the order. This petition asks the court to enforce the settlement and may request that the noncompliant party pay for any losses caused by their failure to comply. The court has the authority to hold the noncompliant party in contempt of court.
You can also file a Judgment on Rule for Contempt, which is a prepared judgment for the judge to sign, simplifying the process for the court. Additionally, a certificate of service must be filed with the petition to prove that the petition was served to the opposing party.
According to Kentucky law (Ky. Rev. Stat. § 403.240), if a party fails to comply with a court order, the other party's obligation to make payments or allow visitation is not suspended. The court can grant an appropriate order for enforcement. A failure to comply without good cause is considered contempt of court, and the court will take steps to remedy this failure.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.