What should I do if my ex-wife won't pay my ESOP share?

Full question:

My divorce was final July 13th. She agreed to and the judge ordered that I receive 25% of her ESOP profit sharing, which is roughly $40,000. Now she says I'm not getting a dime. What is my first step to enforce the judges order?

  • Category: Contempt
  • Date:
  • State: Georgia

Answer:

If a court order is not being followed, you can file a petition for contempt in the court that issued the order. If it's unclear whether the property transfer was mandated, you may file a motion for clarification. You can also request the court to order the noncompliant party to cover any losses caused by their failure to comply. The court has the authority to enforce its orders by holding the noncompliant party in contempt. Additionally, you can prepare a Judgment on Rule for Contempt, which is a judgment ready for the judge's signature, to assist the court in making a determination. Remember to file a certificate of service with the petition to prove that it was served to the opposing party.

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.

FAQs

If your ex does not comply with the divorce decree, you can take legal action. Start by filing a petition for contempt in the court that issued the decree. This petition asks the court to enforce its order. If the terms of the decree are unclear, you may also file a motion for clarification. The court can hold your ex in contempt, which may lead to penalties or enforcement of the order.

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