Full question:
My wife told me of a divorce agreement with her last husband where he was suppose to pay her $10,800.00 over a period of 7 years and it was to be paid in full on August of 2002. She has not seen a dime of it. She told me that there was a lien placed on a piece of real estate he owned so in case he sold it she would get the money back. I just looked up the property and found that it was sold back in December of 2007. What can we do now to get her money? Her ex-husband is a real estate sales professional.
- Category: Contempt
- Date:
- State: Florida
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.
If the former spouse fails to maked required payments, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. 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.
