How do I compel the Family Court to force my ex into completing our financial separation or move to modify the order to ask for reconsideration?

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How do I compel the Family Court to force my ex into completing our financial separation or move to modify the order to ask for reconsideration?

Divorce after 30 year marriage (final almost 2 years ago). I signed a quitclaim. He still has not refinanced the mortgage and continues to use lines of credit on that mortgage. I have good credit, but cannot get even a small loan due to the debt to income ratio. My income is $35,000; his is around $70,000. I left in a stressful time and took nothing but the family photos and a car. I get no money from him at all and am just trying to move on.

Asked on June 6, 2011 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

By bringing a motion for just that relief.  Many times a Family Court will allow you to bring the motion yourself (go down tot he court and speak with the clerk about it; they can not give you legal advice but they can give you forms) rather than having to go through the formality - for lack of a better word - in a Supremeor Superior Court.  He is technically in contempt of court.  And he is not going to be able to refinance if the property is underwater as they say with the loans and line of credit.  But what you can do is close the lime of credit (ask the court to order it and sever the notice on the bank) to stop all this.  And ask the court to allow you to sell the house (look at your options there as well) if that is an option to breaking the ties.  Good luck.   


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