How do I petittion the court if my ex-husband is in contempt and emptied a TIAA account that I am to get half of?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I petittion the court if my ex-husband is in contempt and emptied a TIAA account that I am to get half of?

I am divorced from my ex-husband finalized last year. I have I piece of documentation showing that 2 years ago, he took out close to $3,000. This was marital money and he was not to take from the account. I am entitled to half of the TIAA account. The judge ordered every October, I am to receive a payment 1/2. However, my ex is refusing to provide any documentation and claims,

Asked on November 9, 2017 under Family Law, Virginia


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

Answered 5 years ago | Contributor

You will need to file with the court an Order to Show Cause to request a hearing for contempt of court.  Prior to filing the Order to Show Cause, call the court clerk to schedule a hearing date.  Include the date/time/department of the hearing on the Order to Show Cause.  With the Order to Show Cause file your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim.  You should also file any other supporting evidence of your contempt of court claim such as documents or other evidence if applicable.  File a proof of service (court form) with your documents.
File the above documents with the court and mail a copy to your ex to provide him with notice of the hearing.  The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if there are any additional documents that are required for filing a contempt of court claim because the required documents may vary from state to state.
As for free legal services for abused women, it would be advisable to check with social service agencies in your state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption