Q: I was informed that separated spouse (in writing) will not honor the filed separation agreement, what recourse do I have
The due date for payment is still 100 days away
A: Depends on the nature of the "writing". Depends on the terms of the separation agreement. Depends on whether the separation agreement contains its own remedy for breach. Too much information needed to be able to answer this question. Is the "filed" separation agreement part of an enforceable order or judgment?
Joseph Torri agrees with this answer
A: More facts are required to provide a complete analysis. The filed agreement probably contains an order of the court, but it really depends on what the agreement states. The person may change his/her mind and honor the agreement. There are possible contempt of court remedies or possibly filing a request for order could be a course of action. Filing a wage assignment/garnishment could be an option for payment or nonpayment issues.
A: What was the court order? Violation of a court order is contempt, which is a crime. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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