Willa judgegive me power of attorney over my ex-husband’s bank accounts ifmy exis in contempt for non-payment of debts?

UPDATED: Nov 17, 2010

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Willa judgegive me power of attorney over my ex-husband’s bank accounts ifmy exis in contempt for non-payment of debts?

Court ordered ex to pay me a lot because he put me in a lot of debt. After the divorce the court ordered all his assets frozen. He did not take my name off of 2 mortgages as ordered to (twice) and has let them go almost to foreclosure so he has now destroyed my credit.  He has been charged in contempt of court about 4 times but I still have not seen any money. Didn’t cooperate with his lawyer or pay him so he quit. He won’t come to court so I keep getting judgements but no money. Been given POA over property and am trying to sell. He will probably have to be forcibly removed. Can I ask court for POA over his bank accounts?

Asked on November 17, 2010 under Family Law, New Jersey


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

Answered 12 years ago | Contributor

The reason that the Judge gave you Power of Attorney over the properties is because they are jointly owned.  If the bank account is in his name only then the court can not give you a Power of Attorney over them.  It would not be a legal taking.  If you have judgement against him as you say they why have you not yet levied on the accounts or garnished his wages?  Then you will have some control over the money coming to you.  And file the judgements as against the property you own jointly as well as him separately.  You need to cover all bases here becuase as it stands it looks as if he just does not care very much at all about what happens.  Good luck.

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