What forms do I need to take my ex-wife back to court for not fulfilling financial obligations and stealing money from our children?

My divorce was finalized 9 months ago. That day a money order was given to my ex-wife for $3300. $2000 of that money (per the divorce decree) she was supposed to put into a 526 college fund for our children. She has not done so and she does not have the money anymore. I also am a co-signer on her Sallie Mae private loan which she is responsible for per the decree. She has been late on her payments and they are coming after me. She refuses to refinance. She also cashed out 6k in bonds that were in the children’s names and spent the money. I want her to pay all the money back and refinance.

Asked on September 12, 2011 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  These issues are very complicated and are best discussed with an attorney in your area.  Simply put, you are going to have to take your ex wife back to court based upon the breach of the agreement you enteredin to at the time of the divorce, for contempt of court in failing to follow the court order by the judge, and quite possibly for theft from the children and the children's account (you are going to have to sue on their behalf as parent and natural guardian).  When you say refinance do you mean the loan or was it a house?  IF it is a house then I would ask the court to modify the divorce agreement and allow you to sell it before it goes in to foreclosure and to pay off the loan that has your name.  If it is just the loan you really have no leverage there as you can not force her to refinance byut the court could penalize her (the contempt issue).  Good luck to you.  


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