What is my legal recourse if my ex-wife refuses to comply with our settlement agreement?
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What is my legal recourse if my ex-wife refuses to comply with our settlement agreement?
In satisfaction of several money judgements, she was to submit to the CSE that my account is current. As she has refused to do so, the CSE continues to deduct extra monies from my wages. Due to this loss of income, I have lost my apartment as well as my job. I am also on the verge of losing my driving privileges which will additionally impair my ability to find work. Is this not significant grounds for filing a contempt case?
Asked on February 12, 2016 under Family Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You are correct that you have grounds for pursuing contempt of court against your ex-wife.
You should file with the court an Order to Show Cause with your declaration signed under penalty of perjury and supporting documents as evidence of your ex-wife's violation of court orders. Call the court clerk to request a hearing date for the Order to Show Cause.
It would also be advisable to check with the court clerk regarding all the required documents you need to file for a contempt of court claim as the documents may vary from state to state.
Serve your ex-wife's attorney by mail with a copy of all documents you file with the court.
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