Legal Question in Family Law in Florida

already divorce he will not pay court order of marital money

I am already divorced. Judge ruled ex to pay half of his pension, 401k and half of family home that was sold (in his name only). He refuses to pay.


Asked on 3/30/06, 8:01 pm

3 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: already divorce he will not pay court order of marital money

With respect to the pension, your lawyer, following the divorce hearing, should have prepared a Qualified Domestic Relations Order to be signed by the judge. That order would have then been filed with the pension plan or 401k plan administrator. It directs the administrator to pay your share of the pension and retirement funds directly to you at such time as your husband is eligible to receive them. There is still time to do this, and hopefully he hasn't started receiving his benefits yet.

As to the sale of the home, you can file a contempt petition in the divorce case, the court will issue a show cause order which will require your ex to explain in court why he violated the court order. The court can enter a judgment against him which you can collect on, hopefully. All of this should have been taken care of before the house was sold if that hadn't taken place as of the divorce. What was your lawyer doing?

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Answered on 3/31/06, 9:40 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: already divorce he will not pay court order of marital money

You need to take immediate action to enforce the judgment. I will need to see the judgment, any separation agreement, deed or property location, and several other documents. Do not wait as the assets may not be available for long and thus you will have wasted any interests that you may have. Various actions need to be taken promptly to ensure that your rights are protected. Contact me to discuss. Access my information on this BBS for my phone number.

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Answered on 3/31/06, 11:43 pm
David Slater David P. Slater, Esq.

Re: already divorce he will not pay court order of marital money

There are legal remedies to compel. Speak with your attorney

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Answered on 3/30/06, 9:16 pm


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