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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36337
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband's ex-wife has not perfected her equitable

Customer Question

Hello, my husband's ex-wife has not perfected her equitable distribution and there is a hold on the accounts. She was to receive 100% of the accounts as of July 10, 2010. Does he need to go to Court with a motion to force her to comply.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
If the ex was ordered by the court to pay money to your husband in the decree, or the Marital Settlement Agreement that was incorporated into the decree and she has not done that, then the remedy is to file a Motion for Contempt and Compliance seeking a specific order that she obey the prior court order.
After all these years, it is clear that she is simply thumbing her nose at the court order in order to hurt your husband, and the motion for Contempt is the proper way to deal with her.
Keep in mind that when your husband is forced to do this, that the judge will typically also award him his court costs in filing the motion, as well as his attorney fees expended in the enforcement of the court's order.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
The award was equitable distribution of 100% of retirement accounts as of July 2, 2010 to his ex-wife, which means she got the full amount of the value of the accounts as of that date. She has not taken her equitable distribution and has a hold on the account. He has asked her to write a letter to the fund managers giving them an account number to roll over her retirement monies as they were valued at July 2, 2010. She refuses and my husband continues to pay his alimony so that he is not in contempt. So she doesn't really owe him. She needs to remove her equitable distribution so that he can allocate his funds to his liking. Her money is not growing at all. He has tried to explain this to her.
Expert:  LawTalk replied 1 year ago.
Good morning,
Alright, thanks for the clarification.
He still must Motion the court to compel her to take the hold off of his account, and if to do so means that she must take her distribution, then the court will order that she do this. She will not be allowed to block his access to his funds out of spite.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug