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What can I do? My Ex's lawyer is ignoring all requests regarding enforcement of stipulation.

Goshen, NY |

I divorced in August 2012, since that time letters have been sent to my Ex's attorney from my attorney regarding multiple issues. Reimbursement for medical and household expenses, payment for a car in my name but he owns the car, a list of items he would like from marital residence, dispersement of funds my lawyer has in escrow, etc. All have gone unanswered. Our stip makes provisions for all items. I have an order of protection against my ex so there is no way for us to personally work these items out. We are selling the marital home and have items that must be fixed per the building inspector prior to selling. This also is being ignored by them and will result in our inability to close and cause me severe financial ruin. Less than 2 months before closing, no time to bring to judge.

Attorney Answers 4


  1. Your lawyer should know what to do. There is time for an emgerncy Order To Show Cause.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. You stated if certain issues are not resolved you will not be able to close. Regardless, a judge can stay the closing pending the resolution of the outstanding issues and can award you your lawyer's fees for his willful violation of a court order. If your ex does not believe he can work certain items out due to his fear you will have him arrested for violating an order of protection you have to seek court intervention. You should not sit idly by and let your rights be violated.


  3. You can bring an immediate Order to Show Cause for contempt of the prior Order. The Order can be brought on an emergency basis and you can ask for certain relief that will hopefully enable you to sell the home.


  4. Contempt proceedings cannot be brought until all other remedies are exhausted. An enforcement proceeding is more appropriate and money that is realized from the sale of the premises from your ex's share of net proceeds can be used to pay what he owes you including reasonable counsel fees.

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