What is the name of your state? Maryland
Hi Gang - I just asked a different question about this same case, and I had one more general question.
I signed a separation agreement on 9/1/05. The agreement stated that I was not permitted to make a withdrawal from my 401K until the rollover of my wife's interest was complete. In November 2005, I made a withdrawal in violation of the agreement.
In June of this year, my wife's counsel filed a Petition For Constructive Civil Contempt, but when she attempted to have the Court issue a Show Cause Order, they refused to issue the order because the agreement was "not yet a court order." The agreement did not become a court order until the day of our divorce, 8/26/06. So, the attorney waited and re-filed, and I was served with the show cause order.
This may sound like a dumb question but, if the agreement was not a court order on the day I violated it, how can I be held in civil contempt? Do courts retroactively enfore such agreements to the original date of the agreement?
Confused,
Rob
Hi Gang - I just asked a different question about this same case, and I had one more general question.
I signed a separation agreement on 9/1/05. The agreement stated that I was not permitted to make a withdrawal from my 401K until the rollover of my wife's interest was complete. In November 2005, I made a withdrawal in violation of the agreement.
In June of this year, my wife's counsel filed a Petition For Constructive Civil Contempt, but when she attempted to have the Court issue a Show Cause Order, they refused to issue the order because the agreement was "not yet a court order." The agreement did not become a court order until the day of our divorce, 8/26/06. So, the attorney waited and re-filed, and I was served with the show cause order.
This may sound like a dumb question but, if the agreement was not a court order on the day I violated it, how can I be held in civil contempt? Do courts retroactively enfore such agreements to the original date of the agreement?
Confused,
Rob
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