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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116780
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Ok so I have been going through a divorce, I have an attorney.

Customer Question

Ok so I have been going through a divorce, I have an attorney. My attorney drew up a settlement agreement of which was signed by both parties. Now there are a whole lot of circumstances of which cause me alarm. First, my ex still resided in my premarital property of which I could not get her to leave. She was supposed to vacate as of yesterday according to the agreement. Now I find she has taken items specifically specified in the agreement that were to stay. Also in the agreement was a settlement that I was supposed to pay 5k for her to sign the divorce of which she did and then 5k upon here departure. My question is this, since she violated the agreement and lived in my premarital home without paying a dime for anything, utilities, mortgage etc. Is there any way I can deduct valid expenses from the remaining 5k? Of course as I am sure you may know there is whole lot more to the story but I will start with this.
Submitted: 4 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If she is in violation of the settlement agreement and that agreement was approved by the court, then you need to file a motion for an order to show cause for contempt against her for the violations and as part of the penalty for the contempt you would seek to have the $5K that you were supposed to pay on exit removed or reduced as a penalty for her breach. If the settlement agreement was never entered as a court order, then this is a breach of contract and you can sue for damages for breach of contract and seek to take your damages for her not moving out from the $5K remaining you owe her under the agreement.

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Customer: replied 4 years ago.

Ok great, it was filed and approved by the court. Also I had not been living in my premarital home for the last 4 months. She had charged up credit cards that where mine. I then in December 2012 called all the credit card companys to close the accounts. Only one company, a mastercard closed the existing account and issued a new card which went to that address without my knowledge. She then activated the card and used it for over 1K. I then called the creditor and they told me I had to file a police report, however here is the catch she is sleeping with one of the 3 cops in the small town police department and they refuse to take a police report. I am at loss as to how to proceed with this. I filled out the paperwork the creditor sent me but have heard nothing?

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your response.

You need to raise the issue on the credit card as part of the contempt motion for her not moving out and ask the court to make that another deduction from the money you owe her under the agreement. Also the court will order her to surrender all cards she is not supposed to have. In fact, if you win the contempt motion you can also seek attorney's fees from her for you having to go to court to get her to comply.

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