Legal Question in Family Law in Florida
Hi�Here is the situation. My ex and I divorced three years ago in Saratoga County, New York. I signed over the marital residence to her. In the divorce decree she was supposed to pay off my car (which still has a balance) upon the sale of the NY residence which occurred August 2009. I was also awarded 250.00 per month Support and Maintenance (Alimony?) till age 65. I�m now 49. When I discovered the residence had sold , I requested the court ordered funds in a certified letter. She wrote back refusing payment of any type. She has since remarried and now lives in Texas. I now live in Florida. I�ve been told her refusal is a jailable offense. Is this True? What should I file and where? Which court? What jurisdiction? What steps should I take and how should I proceed? She will fight tooth and nail and snubbed her nose at the court and me in her return letter. She can�t be reasoned with and can full well pay the support. Which state has jurisdiction? How do I pursue this matter? I have all the documentation needed. She is military and so is her spouse. Do I need a judgement? Can I have payments taken out of her pay? And how?...Please Help!...Randy
2 Answers from Attorneys
Have the order domesticated in Texas and then hire a Texan attorney to file a contempt motion for her and force her back into court and be sanctioned for non payment.
The first step is to have the New York ordered domesticated in Texas. Then you will be able to file a Motion for Contempt and have taken back to court for not complying with the court order.