Legal Question in Family Law in Maryland

Do I Have Rights

I have been divorce from my ex-wife since 1997, which at that time the courts gave her three years to release my VA Benefit. After not releasing it in 2000, she was given an additional 120 days in June of this year. The 120 days is now up and she still has not released it. We have two children which I have one and she have one, I need my VA to refinance my house to keep a roof over me and my sons head. What can I do legally to stop her from basically taking advantage of me and disregarding anything the court tell her?


Asked on 10/16/03, 7:36 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Do I Have Rights

If your ex is in violation of a court order, the remedy is to file a Rule to Show Cause with the court. The court will issue a Show Cause Order to your ex, ordering her to demonstrate why she should not be held in contempt of court for violating the court order. You can also ask the court to order her to pay your legal expenses incurred in having to do this. I strongly suggest you seek the services of a family law attorney to assist you so it is done in compliance with court rules.

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Answered on 10/16/03, 10:04 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Do I Have Rights

Prior court rulings are upheld unless a basis has been made for a revision. Your VA benefits are administered through the Federal government and a garnishment order is needed. Your VA benefits can generally not be withheld. If the basis of the order does not continue then you need to bring this to bear. Contact an attorney. (410) 799-9002 Joe Holthaus

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Answered on 10/17/03, 12:33 am


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