How to enforce my ex-husband to obey a court order after our divorce is final?
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How to enforce my ex-husband to obey a court order after our divorce is final?
Do I have to take him back to court or can I file something through the court since we’ve already been to court an have divorced? He was court ordered to split half of the sales of our businesses and is not doing so.
Asked on April 21, 2017 under Family Law, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your recourse is to pursue contempt of court against your ex in the state where the court case occurred and in that same court.
You will need to file an Order to Show Cause to request a hearing. Call the court clerk to schedule a hearing date. With your Order to Show Cause, you should also file a declaration signed under penalty of perjury stating the facts that your ex has not split half of the business sales as ordered by the court, etc. You should also include any other supporting documents as evidence of your ex failing to comply with the court order. Attach a proof of service (court form) to your documents and file them with the court. Mail a copy of your court-filed documents to your ex with a proof of service to provide him with notice of the hearing. The proof of service verifies the date of mailing your documents to your ex.
Check with the court clerk before filing your documents and inquire if any additional documents are required to be filed for contempt of court because the required documents may vary from state to state.
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