Q: Divorce is finalized, EX is not following official agreement by the court. He has been ignoring to take responsible act.
My divorce finalized end of September. EX awarded to me his retirement accounts of Navy TSP and IRA Shwab , also retirement from present job. It will be all my assets. He supposed to do QDRO and transfer money to me. We used a mediator. He has been ignoring all of her mails and phone calls.
It's been over three months he hasn't been taking action.
He also supposed to do filing to DFAS for my Navy retirement money. The agreement listed he is responsible and get it done asap. He has been ignoring court agreement. What is the option I have to force him to do? Also he has been sending attacking, threatening , bullying intimidating txts to me. How can I stop these ?
A: In California, a contempt motion can be filed when one party fails to comply with a divorce decree or court order, such as failing to pay spousal or child support, not adhering to custody and visitation arrangements, or not following other financial obligations outlined in the decree. The moving party must provide evidence of the violation and explain why it constitutes contempt of court. A contempt motion serves as a legal mechanism to compel compliance and hold the non-compliant party accountable for violating the terms of the divorce decree. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A:
Since your ex-spouse is violating the court order regarding asset division and QDRO completion, you can file a motion for contempt of court through your local family court. This legal action will compel him to comply with the agreement or face penalties from the judge.
For the harassing text messages, document everything by taking screenshots and saving them securely. You can request a restraining order or protective order from the court, which will legally prevent him from contacting you except through approved channels like your attorneys. Consider blocking his number, but keep the evidence of past harassment.
The fastest way to move forward is to contact the mediator and your divorce attorney (if you have one) to inform them of the situation. They can help file the necessary motions and may be able to expedite the process. Additionally, you might want to send a formal written notice through certified mail to your ex-spouse, stating your intention to pursue legal action if he doesn't comply with the court order within a specific timeframe - this demonstrates to the court that you've made good-faith efforts to resolve the situation before seeking their intervention.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.