How do I petittion the court if my ex-husband is in contempt and emptied a TIAA account that I am to get half of?

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How do I petittion the court if my ex-husband is in contempt and emptied a TIAA account that I am to get half of?

I am divorced from my ex-husband finalized last year. I have I piece of documentation showing that 2 years ago, he took out close to $3,000. This was marital money and he was not to take from the account. I am entitled to half of the TIAA account. The judge ordered every October, I am to receive a payment 1/2. However, my ex is refusing to provide any documentation and claims,

Asked on November 9, 2017 under Family Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You will need to file with the court an Order to Show Cause to request a hearing for contempt of court.  Prior to filing the Order to Show Cause, call the court clerk to schedule a hearing date.  Include the date/time/department of the hearing on the Order to Show Cause.  With the Order to Show Cause file your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim.  You should also file any other supporting evidence of your contempt of court claim such as documents or other evidence if applicable.  File a proof of service (court form) with your documents.
File the above documents with the court and mail a copy to your ex to provide him with 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 there are any additional documents that are required for filing a contempt of court claim because the required documents may vary from state to state.
As for free legal services for abused women, it would be advisable to check with social service agencies in your state.


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