Atlanta, GA asked in Divorce and Family Law for New York

Q: Divorced in 2018, was awarded half of an IRA, my ex has not given it to me since then & he won't let me see my son

My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as well. If there is no order of visitation, you can file a petition to modify the order of custody to provide for visitation. I suggest you speak to a local lawyer about the problems.

Marco Caviglia
Marco Caviglia
Answered
  • Lagrangeville, NY
  • Licensed in New York

A: On the visitation issue, you must petition in Family Court. On the division of property issue, you should go to Supreme Court, which may also handle the visitation issue if it desires and prior to your filing in Family Court. You probably need an attorney, so consult one.

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