Is Ex in contempt of court if he fails to transfer debts?
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Is Ex in contempt of court if he fails to transfer debts?
Divorce was final almost a year ago, and ex husband has failed to transfer or refinance debts for vehicle and property awarded to him in the decree. He’s also not making regular payments, and is avoiding things like toll bills for that vehicle, leaving the account in my name and racking it up. These things are tanking my credit and I recently was notified that the toll bill is prosecutable. By not transferring ownership as outlined in the divorce decree and/or paying these bills, is he in contempt of court?
Asked on August 14, 2017 under Family Law, Alaska
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your ex-husband is in contempt of court for failure to comply with the terms of your divorce decree.
In order to pursue contempt of court against him, file an Order to Show Cause to schedule a hearing. Call the court clerk for a hearing date. In addition to the Order to Show Cause, file a declaration signed under penalty of perjury stating the facts in support of your contempt of court claim. You should also file other documents that provide supporting evidence of your claim. Include a proof of service with the documents you file with the court and mail a copy of your court-filed documents and proof of service to your ex or if he has an attorney, to the attorney. The proof of service confirms the date of mailing.
Prior to filing your documents with the court, ask the court clerk for the required documents needed to pursue a contempt of court claim because the required documents may vary from state to state.
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