What can I do if a divorce decree is not being followed?

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What can I do if a divorce decree is not being followed?

My ex-spouse has sold property that was supposed to be held for our child. He is also supposed to pay for a private High School for our child, and he is trying to move our child out of state.

Asked on October 6, 2016 under Family Law, New Mexico

Answers:

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

Answered 4 years ago | Contributor

You can pursue contempt of court against your ex for not complying with the terms of the divorce decree.
File an Order to Show Cause (court form) and a declaration stating the facts supporting contempt of court signed under penalty of perjury.  Attach a copy of the divorce decree and any other documents supporting your contempt of court claim.
The Order to Show Cause is for a hearing on the contempt of court issue.  You will need to contact the court clerk to schedule a hearing date.  Attach a proof of service (court form) verifying the date of mailing your documents to your ex when you file your documents with the court.  After filing your documents with the court, mail a copy with the proof of service to your ex which gives him notice of the hearing.
Check with the court clerk before filing your documents  in case any other documents are required as the required documents may vary from state to state.


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