Legal Question in Family Law in New Jersey

What if your spouse was ordered to turn over a check from the sale of a business

My spouse was ordered by the court to turn over a check to be held in escrow until the divorce is finalized. Instead, he cashed the check for $100,000 and has been steadily spending it.

Is this considered contempt of court ?

Will the court do anything to inforce it's previous order?

Is there any chance that he will be forced to turn over the money?

What will the court do if the money is spent to protect my equitable interests?


Asked on 4/17/01, 12:48 pm

2 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: What if your spouse was ordered to turn over a check from the sale of a busi

You should definitely go to court now. If you do not have an attorney you should retain one as soon as possible. If there is a court order in place requiring the $100,000 to be placed in escrow, your husband is in contempt of court. The court will certainly enforce it's prior order, taking whatever steps the judge deems necessary to enforce it.

If you would like to discuss this matter further, please call my office Monday, as -I will be in court today. I can be reached Monday at 845-362-0387. I sincerely hope you are able to get this resolved before your husband wastes all the assets.

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Answered on 6/15/01, 8:33 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: What if your spouse was ordered to turn over a check from the sale of a busi

You are asking alot of good questions with no definitive answer. You should have immediately returned to Court and a request should have been made for much relief, including, for example, holding him in contempt of Court, restraining him from spending the money, taking the money from him by Court Order and putting it into a trust account where he cannot touch it, etc. etc. This needs to be done quickly to preserve the asset. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you do not have an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you have an attorney, swift action needs to be taken. In any case, I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 6/12/01, 2:22 pm


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