Full question:
My divorce was final November 2008. The divorce papers stated that he was to transfer $50,000 (flat amount not percent of account value) from his retirement account to my retirement account. He still has not done this. Can I take him to court for the $50,000 plus the value the account would have increased if he had transferred the money in 30 days like he was supposed to?
- Category: Contempt
- Date:
- State: Tennessee
Answer:
If a court order is not followed, you can file a petition for contempt in the court that issued the order. You may also request the court to order your ex-husband to pay for any losses caused by his failure to comply, such as lost interest. The court has ongoing authority to enforce its orders, which may include holding your ex-husband in contempt.
If he fails to make the required payment, you can file a motion for contempt. The court will consider all relevant facts and documents in making its determination. Additionally, you may prepare a Judgment on Rule for Contempt, which is a judgment ready for the judge to sign, to facilitate the court's decision-making. Be sure to file a certificate of service with your petition to prove that it was served on your ex-husband.
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.