My husband is not adhering to our divorce stipulation.

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My husband is not adhering to our divorce stipulation.

My husband is not adhering to our divorce stipulation and does not answer
letters sent to him by my lawyer. He still owes me 70,000 . I can no
longer afford a lawyer. He is now telling my son that he can’t afford to pay
for his college, which my son is starting in four months. He agreed and is
obligated in the stipulation to pay for the kids college. How can I start a
post judgement divorce action?

Asked on April 19, 2017 under Family Law, New York

Answers:

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

Answered 4 years ago | Contributor

Your recourse is to pursue contempt of court against your ex-husband.
Your attorney can handle that for you.  However, since you said you can no longer afford an attorney, if you are pursuing contempt of court on your own, you will need to file with the court an Order to Show Cause,  for a hearing on contempt of court.  Call the court clerk to schedule a hearing date.  In addition to the Order To Show Cause, you should attach a declaration signed under penalty of perjury stating the facts supporting your contempt of court claim.  You should also attach any other supporting documents as evidence for your contempt of court claim.  Attach a proof of service (court form) to your documents and file with the court.  Mail a copy of the documents you filed with the court to your ex.  The proof of service verifies the date of mailing.  Mailing a copy of your documents to your ex provides him with notice of the hearing.
Check with the court clerk before filing your documents to be certain you have filed all of the required documents for contempt of court because the required documents may vary from state to state.
 
 
 


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