Can I sue my ex-husband for breaching fiduciary duty regarding savings bonds?

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:

If a court order is not followed, you can file a petition for contempt in the court that issued the order. This petition requests the court to enforce its order and may also seek compensation for any losses caused by the noncompliance. The court has the authority to hold the noncomplying party in contempt. You can also prepare a Judgment on Rule for Contempt, which is a judgment ready for the judge to sign, to facilitate the court's decision-making process. Additionally, you must file a certificate of service with the petition to show that the opposing party was served.

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

To find out if you have unclaimed savings bonds, you can check the U.S. Department of the Treasury's website. They provide a tool called the Treasury Hunt, where you can search for unclaimed bonds by entering your details. If you believe you have unclaimed bonds, you may also contact the Bureau of the Fiscal Service for assistance.