If it’s been a year since the decree has been signed, how do I file a contempt of the decree being that my ex was supposed to buy or sell the home?

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If it’s been a year since the decree has been signed, how do I file a contempt of the decree being that my ex was supposed to buy or sell the home?

He has not put it up for sale. He can not refinance and take me off the deed. He is also behind on my car payments, the bank has notified me of this.

Asked on April 19, 2017 under Family Law, Nebraska

Answers:

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

Answered 4 years ago | Contributor

To pursue contempt of court, you need to file an Order to Show Cause and call the court clerk to schedule a hearing. You should also file a declaration signed under penalty of perjury stating the facts in support of your contempt of court claim; for example, ex did not sell or buy the house, etc.
You also want to file with the court any supporting documents which provide evidence supporting your contempt of court claim.
 Attach a proof of service (court form) to the documents you file with the court and mail a copy of the documents to your ex.  The proof of service verifies the date of mailing. Mailing a copy of the documents provides your ex with notice of the hearing.
Check with the court clerk before filing the above items to be certain you have filed all required documents with the court as the required documents may vary from state to state.


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