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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Ramifications for ignoring a court order

Customer Question

I requested and recieved an order to have my "ex'' file an amendment to her 2003 fed. tax return and to pay me damages resulting from her failure to report my payments. Almost 2 months have passed since the court''s ordered deadline and there is no compliance. In my motion to enforce the order can I add any monetary penalties, and or can I ask the court to levy her accounts?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.

The ramifications are that if you go back to court and notify the court, she could be held in contempt of court, fined and forced to pay al of your costs for bringing her into court and the costs associated with her failure to comply with the order, which includes the fines you are going to have to pay for not having the information. As far as placing a lien on her accounts, the court can do that if she does not pay an amount ordered by the court, but will be hesitant to levy the accounts just for failure to abide by the order.

 

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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90440
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Sorry that I am making this a long endeaver. But we are getting closer to where I needed the help from the start. You see, the answer you gave to my reply is where I have already come to. I have asked the court to hold her in contempt, and it did! However they are not taking any actions, fining or enforcing! I am guessing that the court is waiting to be sure that the actions, or lack there of, is a flagrant and/or willfull disregard for the law. And until I go back to the court and insist that it is the court will take no further action. So that brings me to the reason that I contacted you this AM:. When I file my next motion to Enforce... aside from asking for contempt are there any other things that I should specifically ask the court to do? Or do I let the court decide? Keep in mind that I have already asked the court to hold in contempt, and they have. But will the court take any action if I don't clearly spell out what I want it to do? It seems to me that the court wants me to "prescribe" the actions. Please advise. Joe
Expert:  Law Educator, Esq. replied 6 years ago.
You need to ask the court specifically for the actions you desire. If you want her fined, then ask she be fined (the court will set the amount so do not mention an amount), if you want her to pay costs and fees to you for prosecuting the motion, ask for them. If there are any other damages associated with her failure to abide by the order, ask the court to order her to pay them. If you want her bank accounts seized for payment or her wages garnished, ask the court to impose it. The botXXXXX XXXXXne is the court will not generally do what you do not ask it to do. You asked for contempt, they held her in contempt and ordered her to comply. Now you need to move for sanctions for her failure to comply.

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