He was order to pay his share of court cost and attorney fees, half of the martial debt, pay monies for an IRS bill that he incurred in 2009 that I ended up paying he was ordered to pay half of this IRS bill which I paid in full (2011 tax offset from my refund). Also he is avoiding child support and will not comply with the sell of the martial home which I have a buyer already..
I highly recommend that you file a Motion for Enforcement with the court. This contains a list of requests of the court for relief, such as holding him in violation for failure to comply, seeking reimbursement for the IRS payments you made on his behalf; bringing any past due child support payments current; immediate sale of the home (or designating you power of attorney for the limited purpose of allowing you to authorize the sale for both of you); getting future support payments paid through the probation department, counsel fee and cost reimbursement for having to chase him to comply with the order/judgment in place and for sanctions. If you have a buyer for the home, you may be able to accomplish this part of the application by means of order to show cause, which is an emergent filing with the court which usually results in a court order on that issue within a few days. very few matters are permitted to be filed with the court in this manner, but if you run the risk of losing a buyer on the home in this troubled economy/horrible real estate market, this could be a proper application for the emergent filing. If you want to discuss this further during a free consultation, contact my firm at 973-520-8822. We handle these types of matters everyday as our practice is exclusive to family law issues.
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First send him a letter, certified and regular mail. Tell him if he doesnt comply you will file a motion and request attorney fees. File an application " to enforce litigant's rights" if he doesn't comply.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
You need to file a motion to enforce litigants rights. This rule allows a judge to enforce and punish for contempt. You should also be awarded legal fees for the motion.
Brad Micklin, Esq
187 Washington Ave.
Nutley, NJ 07110
This information is based upon the limited facts you presented. My advice Is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
You should file a motion to enforce the Judgment of Divorce. Due to your ex-husband's bad faith (and perhaps additional language in the Judgment), you should also make a request for counsel fees for his bad faith and violation of a Court Order.
You should also request that child support be paid through the Probation Department in your County if he's presently paying it directly to you. Probation will monitor his payments so you don't have to calculate arrears.
Maggi Khalil, Esq.
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