Trial date on a contempt petition (ex never transferred retirement funds as ordered) that I filed last year is finally arriving in the beginning of July. The divorce order also specified that he was to either refinance the house in his own name by the end of the month of July 2012 or cooperate in selling it (as to clear me from the mortgage either way); therefore, he is not in contempt YET on that issue. Not sure how to proceed because ex is non-communicative; hence, I don't know where he currently stands on a refinance (unlikely) and am certain he will remain non-communicative so it will be impossible for him to be cooperative in a sale. Can I bring this issue up in the trial which is not on the motion since he isn't in contempt on that yet? Should I ask for a continuance to allow him time to be in contempt; therefore allowing me to amend my motion? Should I wait and file another motion once the end of July has passed and he still in non-communicative? It takes nearly a year for a contempt petition to be heard here.
State/Country relating to question: Alabama
HiYes, it takes so long to get these hearings. I suggest you will want to focus on the issue at hand. However, you can certainly tell the court that "he was supposed to transfer funds and also get house re-financed" The court will probably say let's deal with what we are here for. And you can say "yes, your Honor. But he does not communicate with me and I would appreciate if at the end of this matter you ask him how the Re-fi is coming along."See how that plays out. Then at the end, if the court says anything else, you can say "Not on this matter, Your Honor. But as a reminder, could you ask him about the Re-fi so I know how it is proceeding..."That should get you some type of information. If you have other questions, please let me know.
I may be able to slip the question in at the pre-trial settlement hearing since neither of us are represented by an attorney. Without attorneys, I am not sure how that will work since I do not plan to settle for less than what I am owed and that is what my ex wants (he wants the figure devalued based upon his losses in the market between the valuation date and the date the judge signed off on the divorce... yet those very holdings have increased 3x the statutory interest in the past 2 years since the divorce... he will also be unwilling to agree to the statutory interest on judgments). I am currently waiting for the time to expire on a granted motion to compel on discovery I sent him, but could not ask about the house refinance since it was not the issue at hand, but expect I will have to file a motion for sanctions on that. At any rate, I have dealt with the judge before (my 1st ex) and KNOW not to do anything to upset him; therefore, I have been doing things "by the book." Will bringing up the matter of the house be likely to upset a judge if it is not the matter at hand? I know the law is very strict about what can and cannot be done.
HiI suggest it would not upset a Judge to slip it in as I suggested earlier. IT is ok to give the court a heads up that the other party is just totally ignoring the Court's orders. A slap in the face to the Judge. So he will already be ticked off at your ex, I suspect.
General practice of law with emphasis in family law
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