Spouse and I gor divorced in 2012, ex-spouse failed to purchse a condo as stated in decree
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Spouse and I gor divorced in 2012, ex-spouse failed to purchse a condo as stated in decree
Dear sir, madame,
My former husband and I got maried on May 4t 2007 and our divorce was granted on July 16th of 2012.
In the divorce decree it states clearly that he is supposed to purchase a condo, put in in our only minor daughters name, however he still has not done this. It also stated that in case he is not in the financial position that he cannot purchase a condo, he should rent one for me.
I always managed to get by, but now I am fallen on harder times and definitely need this condo, wther purchased or rented.
Is it too late to give him a ‘friendly’ reminder that he should follow the decree and do what is in the original unchanged decree?
Also, he is currently divorcing or at least planning too his second wife of which he has an infant with. Part of my reason to go after my right to condo/apartment is that he probably shall have to make sure his soon-to-be-ex has livingquarters as well. I want to make sure that I get what I am entitled to before he does not have any money at all anymore.
Do I make a chance and which steps do I have to follow?
Asked on January 20, 2017 under Family Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your only recourse is to pursue contempt of court against your ex.
You will need to file an Order to Show Cause to request a hearing on the contempt issue. Call the court clerk to schedule a hearing date. In addition to the Order to Show Cause, you should also file with the court your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. You should also include any other supporting evidence.
File your documents and a proof of service with the court. Mail a copy to your ex so that he will have notice of the hearing. The proof of service verifies the date of mailing your documents to your ex.
Check with the court clerk prior to filing your documents to be certain you have filed all required documents for contempt of court because the required documents may vary from state to state.
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