Collection of legal fees

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Collection of legal fees

Court ruled on my behalf that she has to pay my legal fees associated with enforcement of our property settlement? My fear is that this is a hollow victory. How do I get the funds from her? If she doesn’t pay or pay on time what remedies do I have? The only assets I know of that she has is a 8 year old jeep and a 401k. She is employed full-time as a nurse.

Asked on November 7, 2016 under Family Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your ex-wife does not comply with court orders, your recourse is to pursue contempt of court against her.
You will need to file an Order to Show Cause (court form) requesting a hearing for contempt of court (contact the court clerk to schedule a hearing date which you include in your documents)  and your declaration signed under penalty of perjury stating the supporting facts and any other documents which will provide supporting evidence of her failure to comply with the court order.  File these documents with the court with a proof of service which verifies the date of mailing a copy of your documents to her or her attorney.
Check with the court clerk to be certain that you have all the required documents for filing for contempt of court because the required documents may vary from state to state.


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