Full question:
My ex husband has been using our two children's savings bonds, without my knowledge. Three times I have agreed to have him cash in bonds for our daughters college books, tuition and a car. Totalling ($2000.00) In our divorce agreement it states that he will continue to purchase and maintain them for the intent of the children's education. I recently have discovered the childrens bonds are not what they are and should be. Can I sue him for Breach of Fudiciary Duty? Do I go to mediation or straight to an attorney?
- Category: Contempt
- Date:
- State: New Mexico
Answer:
When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on 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.
