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Enforcing a divorce decree - I have been divorced for 5

years, part of the divorce...
Enforcing a divorce decree - I have been divorced for 5 years, part of the divorce settlement was a partial of farmland be set up to provide for my children's college education and future. Nothing has been done to my knowledge other than 2 years after the divorce she put the land into her personal name "Rachel XXXXX", Trust.Children's ages are now. 21, 17, and 13.Decree says 1 The "name of property" property with a legal description as follows xxxxxxxxxxx that Petitioner owns an undivided one-fourth interest and each of the three children of the parties own an undivided one-fourth interest.
All income generated from each child's interests in "name of property" or other investments generated therefrom will be placed an individual savings account with Petitioner as custodian Petitioner agrees that these accounts are to be utilized for college expenses and will not be spent while they are minors.My Questions that I need answered from my ex are?
1. Land title – upon my prompting to get it done she changed the title in 2015 into Rachel XXXX Trust. What about the kid’s names?
2. Income – how much is it, where is it?
3. Education Savings accounts – did she ever actually set up the education savings accounts?
4. Use of money – I want an accounting of all of the income since 2012. How do I get that?Legal Questions
What are the proper procedures to getting this resolved?
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Answered in 5 minutes by:
12/9/2017
Jessica B
Category: Family Law
Satisfied Customers: 1,683
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your questions. Please remember to rate my service at the end of this session. Thank you!

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First "Land Title" - based on the decree, it appears that the children's names should be listed on the deed to the property. Since this has not been completed by your ex, you may file a Motion for Contempt in the Family court. she is contempt of court for not following the divorce decree. She will have to explain to the judge why she is disobeying the judge's order.

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As part of that proceeding, you may file a Request to Produce. In the request you may ask for copies of all bank statements, records of income received from the property, an accounting of the income, proof of the education savings accounts, etc. She will then have 20 days to provide all of the information requested or be held in contempt of court.

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She cannot hide this information from you or the children. She must show she is following the divorce decree.

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Many times, if it is found the individual is in contempt of court by not following the divorce decree, then that individual will be ordered to pay all legal fees associated with the proceedings. The theory is, you would not have had to incur these legal expenses, if not for her contempt. Please keep this in mind this is not guaranteed but definitely something you want to ask the judge for.

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Is this information helpful? Do you need any clarification or have an additional question?

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Customer reply replied 7 months ago
What is the proper procedure for going about this.
Do I first send her a list and ask for proof of what she has or hasn’t done? Try to resolve it between us one last time? Show a good faith effort on my part to resolve the situation?

Yes. I would send a certified letter so that you have proof that she received it. List all of your requests with a copy of the divorce decree. This way if she doesn't respond, you can show the judge how she is not cooperating and that you tried to resolve this without going to court.

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If she doesn't respond, then you will need to file a Motion for Contempt and a Request to Produce. I highly recommend having an attorney prepare these documents for you.

Jessica B
Category: Family Law
Satisfied Customers: 1,683
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
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Customer reply replied 7 months ago
That is excellent information. I will look up those links and may have follow questions. I will rate you 5 Stars

Thank you! Please let me know if I can help in the future.

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Customer reply replied 7 months ago
I do have a right to know that all the things in decree have been done correct?
Because she once responded “it was none of my business “
Another time she responded, that “she would transfer the land when she was done paying her debts and the children were raised”
Both of those were responses to me in a text. I still have those texts.

Hahahaha she is very mistaken. Of course it is your business to know if she is following the divorce decree.

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Customer reply replied 7 months ago
Okay, thank you. I will definitely have some follow questions.
As I am sure you often hear / experience there many facets to all of this.
This only one of the areas she has not complied.
Does it help my case if I can demonstrate her unwillingness to comply with the court orders in other areas as well?
I have everything I am saying here very well documented.
For example
1. Kicking my son out of the house, (3rd time) demanding a change of custody, which I gladly accepted 2 1/2 years ago. Then misrepresenting to CSS that she had him and trying to collect child support for those 2 1/2 years. (CSS is now aware of the truth)
2. Refusing me parenting time
3. Admitting in text that she lied to police
4. Claiming our son on her 2015 and 2016 tax returns, when she doesn’t have him. IRS has already told me what to do here.
5. Moving our youngest daughter 4 hours away from us without proper notification, without my permission and against my wishes.There are many, many more examples of uncooperative, manipulative and the “rules don’t apply to me” type behavior.My question is, does it help to be able to show to the court patterns of behavior that are relevant to what I am requesting?
Patterns of
- misleading conduct
- misrepresentation by omission for financial gain
- deliberately and knowingly refusing to abide by the parenting plan
- leaving my information off of enrollment forms and checking a box that the other parent does not need to be sent information. (We have joint legal custody) listing her best friend as the emergency contact rather than me.
Customer reply replied 7 months ago
Sorry for all of the typos, I’m on my phone rather than my laptop

If you end up in court, then you will want to throw the kitchen sink out there. Why leave anything on the table. Outline everything for the judge so that the judge gets a complete picture of the situation.

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Customer reply replied 7 months ago
She is a master manipulator and very good at mid presentation by omission. I believe I have enough sold evidence show these patterns.
Customer reply replied 7 months ago
Wow, my typos are off the scale.
Customer reply replied 7 months ago
I assume you are a family law attorney?

Family law is one of the main areas of practice in my firm. I also practice estate planning and probate. Many times these areas of law overlap with one another and I am able to provide a one stop shop for my clients.

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Customer reply replied 7 months ago
Great! I may want to schedule a phone call with you very soon.I found this book after the fact but this is a great resource in high conflict divorce dealing with NPD and BPD. Written by a therapist turned attorney if I remember correctly. It is amazingly accurate. Check it out if you get a chance.
Customer reply replied 7 months ago
Splitting: Protecting Yourself While Divorcing Someone with Borderline Or Narcissistic Personality Disorder

Thank you for the recommendation! I am always looking for good material, especially to share with my clients.

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Customer reply replied 7 months ago
Another great resource for dealing with this is the book.
“Walking on eggshells” I am pretty certain they had hidden cameras in my home as part of their research. Some of the scenarios are almost exact. Hard to believe those personality traits are so predictable once you know what you are dealing with.
Customer reply replied 7 months ago
one more for your clients.
Gettinbetter.com
By Shari Schrieber , this lady is point on, no BS and hilarious at times.
Customer reply replied 7 months ago
Thank you again and have a great weekend.
Customer reply replied 7 months ago
BPD Central.com

Thank you!

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Customer reply replied 7 months ago
Hi Jessica,
How would you interpret this paragraph of the decree? The reason I am asking is to see if there is anything I am missing, any sleazy tactics that may have been used to get her out of what this appears to say to me.
The divorce was finalized in 2013 and to my knowledge none of this has been done. I have reason to believe that she has taken the farm rental income and deposited/ commingled it directly in her own personal account with other farm rental income I relinquished in the divorce.This is verbatim what it saysDecree says 1 The "name of property" property with a legal description as follows xxxxxxxxxxx that Petitioner owns an undivided one-fourth interest and each of the three children of the parties own an undivided one-fourth interest.
All income generated from each child's interests in "name of property" or other investments generated therefrom will be placed an individual savings account with Petitioner as custodian Petitioner agrees that these accounts are to be utilized for college expenses and will not be spent while they are minors.
Customer reply replied 7 months ago
Did you have a chance to read my last question?
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