What do I do when an ex-spouse doesn't uphold their end of a divorce agreement?
Question Details: My ex-husband has been delinquent on paying debts assigned to him in the decree causing negative reports on my credit. He didn't remove me from the joint checking which was awarded to him. The bank took money out of my account to cover a significant overdraft on the joint account. He hasn't paid half of medical insurance for our child as agreed. Now he moved out of state and isnt holding up the 50/50 custody arrangement. Finally, he hasn't kept his insurance on his car current and has issues with suspended registration and the car is in my name. I've been trying to get him to do a title transfer for months but he's been evasive. I'm not sure what I can do or if I can get back some of the money I paid that was supposed to be his responsibility.
Your recourse is to pursue contempt of court against your ex. You will need to file with the court an Order to Show Cause for a hearing on this matter. Call the court clerk to schedule the hearing. Enter the date/time/department of the hearing on the Order to Show Cause. Also file your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. File any additional supporting documents and / or other evidence of your contempt of court claim. File a proof of service (court form). Mail a copy of your court-filed documents to your ex to give him notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if any additional documents are required for a contempt of court claim because the required documents may vary from state to state.