Legal Question in Family Law in Arizona
The divorce decree stipulated that our daughter would recieve the stock we had accumulated during our marriage when she turned 21 years old. The stock was suppose to have both both parents names on it until she turned 21 so no one would take it before she recieved it. After the divorce my ex-spouse listed his mother as the guardian of the account without my knowledge and over a period of time there was stock withdrawn from the account. We live in Phoenix, AZ. What court documents does my daugther file or do I have to file to recieve the funds lost/spent/taken out of the account and is it filed against the father or the father and grandmother? I have the stock account documents showing the withdrawls, divorce decree stipulating it is for the daughter, and the stock values and splits. Also, how do I collect the money if I recieve a judgement?
1 Answer from Attorneys
Wow. I am surprised your ex would so directly violate the Court Order.
1. I believe YOU would need to file the Petition for Contempt.
2. I believe you could then interplead both your daughter and the grandparent as necessary parties.
Then, you would be attempting to gain a Judgment against both the ex and his parent. Collection can include going after wages and assets. Perhaps, if there are assets which you know exist, you could ask that the Family Court Judge force the sell of those assets, since their options for enforcing their own Orders can be broad.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
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