My husband of 13 years and I were officially divorced at the end of April. We have settled our case through mediation. Part of the agreement was that he roll over part of his IRA to one of mine. It is now almost the end of July and he still has not complied, even though he has been notified and has had the correct forms given to him through our lawyers. My attorney has ceased to represent me as of July 6th. I have no more funds to continue paying my lawyer, and he has been notified several times about this matter. He is currently living in another state and I have no means to contact him. In an e-mail my attorney said I can either wait or file contempt of court. My ex is also a full colonel in the United States Army. Can somebody advise me as to what I should do?
Your signed agreement should have a date by when your husband is to abide by terms of the agreement. Did you enter into a separation agreement or is it a court order? If a court order requires him to distribute IRA funds to you by a certain date, and he hasn't done so, then you need to file a Motion for Contempt. If the provision is in a separation agreement, then you can also file a Motion for Contempt IF the separation agreement was incorporated into your final divorce judgment. If it wasn't incorporated then you have to file for specific performance.
You need to speak with an experienced family law attorney about your options. Make sure to bring all relevant documents to your consult so that your attorney can properly advise you.
I'm confused by your question because it sounds like your lawyer already told you what your options are. To wait or file a motion for contempt (which I assume it is an order and NOT just a separation agreement or else your lawyer would have suggested contempt). It would be very unfortunate but unusual if your order doesn't provide a deadline for him to do this.
I know you said you don't have any more money for a lawyer, but it could be worth at least a consult fee to have someone review and advise on your document, if you can't use your current lawyer anymore. Unfortunately, we cannot advise you too much on a limited forum like this and without seeing your actual document, which I trust makes sense.
The responses contained herein do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. The responses may or may not apply to you and should not be relied upon as ACTUAL legal advice. Rather, what is being provided here is legal information that would be best followed through on with a consult with an attorney after learning more about your specific facts, needs, legal issues, and goals.
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