Legal Question in Family Law in Massachusetts
In my divorce agreement my ex husband and I are required to split our 2008 tax return 50/50. I mailed the checks to him certified mail a month and a half ago with an affidavit of endorsement. I also included a check from my checking account for his 50% portion to be cahsed when I get the checks back. He refuses to send the money $7000.00 back to me. He has not cashed the check from my account. Do I file civil contempt of court. He is also on probation for 2 years conviction of 2 DUI. He was sentenced to one year incarseration suspended with 2 yrs probation.
2 Answers from Attorneys
File the Motion for contempt and seek a court order requring him to comply with the separation agreements terms.
Unless he has a defense, he must comply and also pay for your attorney's fees and possibly for your time lost from work.
Contact me with any questions.
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