contempt settlement agreement (in ga)

[courtneysmom]

What is the name of your state (only U.S. law)? Georgia (Fulton county)

Hi,
I wanted to find out a couple of things, any advice would be greatly appreciated.

I'll try to make it short.

Divorced in April, 2013- with settlement agreement (Ex didn't want to go to court) he willingly signed everything.

On my settlement of about 13 items- terms he agreed to do, he has only done 2. I have requested in writing with notary signed, and certified restricted mail, he signed to receive with proof that I sent, I made copies of everything. he is still refusing to comply. (some of the things he agreed to do was with in a 15 day time, it has been well over 7 months now.)

My first question is: do I file for contempt in the county that the settlement /divorce was issued? we both lived in Fulton county at the time, he now lives in a different county.
second- The lawyer that helped me with my divorce (who is still working on my QDRO- and its been since April) does not want to help me file contempt, so is this something that I can do by myself? I see on the Fulton Co court website they do have forms that I can print out but the form where I would put "other" do I list each thing that he is not doing? or simply write see attached decree? if I type each thing, the form is not long enough. would I add an extra sheet listing all that he is not complying with?

Thank you in advance.
CM

 

[Ohiogal]

What is the name of your state (only U.S. law)? Georgia (Fulton county)

Hi,
I wanted to find out a couple of things, any advice would be greatly appreciated.

I'll try to make it short.

Divorced in April, 2013- with settlement agreement (Ex didn't want to go to court) he willingly signed everything.

On my settlement of about 13 items- terms he agreed to do, he has only done 2. I have requested in writing with notary signed, and certified restricted mail, he signed to receive with proof that I sent, I made copies of everything. he is still refusing to comply. (some of the things he agreed to do was with in a 15 day time, it has been well over 7 months now.)

My first question is: do I file for contempt in the county that the settlement /divorce was issued? we both lived in Fulton county at the time, he now lives in a different county.
second- The lawyer that helped me with my divorce (who is still working on my QDRO- and its been since April) does not want to help me file contempt, so is this something that I can do by myself? I see on the Fulton Co court website they do have forms that I can print out but the form where I would put "other" do I list each thing that he is not doing? or simply write see attached decree? if I type each thing, the form is not long enough. would I add an extra sheet listing all that he is not complying with?

Thank you in advance.
CM

It would be filed in Fulton county. You would need to list everything he is not doing. And what things is he not doing?

 

[stealth2]

What is the name of your state (only U.S. law)? Georgia (Fulton county)

Hi,
I wanted to find out a couple of things, any advice would be greatly appreciated.

I'll try to make it short.

Divorced in April, 2013- with settlement agreement (Ex didn't want to go to court) he willingly signed everything.

On my settlement of about 13 items- terms he agreed to do, he has only done 2. I have requested in writing with notary signed, and certified restricted mail, he signed to receive with proof that I sent, I made copies of everything. he is still refusing to comply. (some of the things he agreed to do was with in a 15 day time, it has been well over 7 months now.)

My first question is: do I file for contempt in the county that the settlement /divorce was issued? we both lived in Fulton county at the time, he now lives in a different county.
second- The lawyer that helped me with my divorce (who is still working on my QDRO- and its been since April) does not want to help me file contempt, so is this something that I can do by myself? I see on the Fulton Co court website they do have forms that I can print out but the form where I would put "other" do I list each thing that he is not doing? or simply write see attached decree? if I type each thing, the form is not long enough. would I add an extra sheet listing all that he is not complying with?

Thank you in advance.
CM

Your agreement WAS filed and signed by a judge, right?

 

[courtneysmom]

Your agreement WAS filed and signed by a judge, right?

Yes, my settlement was filed and singed by the judge, actually my ex signed the agreement in the court witnessed by the judge, and the judge had the notary come in the stamp it all at once, and gave me my divorce right then and there.

It was a long battle, we were on the 60 day conference and I was ready to go to court, but ex didn't want to take it to trial because there were lots of lies. he didn't want reveled.

I am making copies of everything. and printing out the forms from the Fulton co. website. my question is, do I take it to the Fulton co courthouse to set a court date? or I am not sure where to go or how to get a court date?

He has not followed through with basically the entire settlement.
He is keeping up with the alimony, but he has not even tried to pay off the credit cards per agreement, the judge gave him one year to settle these, also the many other agreed issues.

As I type out the list of other non complied settlement, do I mark my proof/ copies as exhibit A, B, and so on? or just say 'see page " so and so.

Will the judge give me a chance to talk/ explain? I do have proof to back up everything he is not following up with (contempt) just not sure how to pull all my paper work together. ** one of the issues to be satisfied is that he get a furnace in our home, as we have NO HEAT in my home. nothing at all. I have went out to purchase small space heaters. but we are cold. I have 2 disabled adult children living here with me, and I am in school. Monday is going to be 10 degrees here in Georgia, and we are cold, cold. this is not only him breaking the settlement, I think this is abuse, he knows we are cold.

Any advice greatly appreciated.
Thank you.

 

[TheGeekess]

Yes, my settlement was filed and singed by the judge, actually my ex signed the agreement in the court witnessed by the judge, and the judge had the notary come in the stamp it all at once, and gave me my divorce right then and there.

It was a long battle, we were on the 60 day conference and I was ready to go to court, but ex didn't want to take it to trial because there were lots of lies. he didn't want reveled.

I am making copies of everything. and printing out the forms from the Fulton co. website. my question is, do I take it to the Fulton co courthouse to set a court date? or I am not sure where to go or how to get a court date?

He has not followed through with basically the entire settlement.
He is keeping up with the alimony, but he has not even tried to pay off the credit cards per agreement, the judge gave him one year to settle these, also the many other agreed issues.

As I type out the list of other non complied settlement, do I mark my proof/ copies as exhibit A, B, and so on? or just say 'see page " so and so.

Will the judge give me a chance to talk/ explain? I do have proof to back up everything he is not following up with (contempt) just not sure how to pull all my paper work together. ** one of the issues to be satisfied is that he get a furnace in our home, as we have NO HEAT in my home. nothing at all. I have went out to purchase small space heaters. but we are cold. I have 2 disabled adult children living here with me, and I am in school. Monday is going to be 10 degrees here in Georgia, and we are cold, cold. this is not only him breaking the settlement, I think this is abuse, he knows we are cold.

Any advice greatly appreciated.
Thank you.

www.fultonfamilydivision.com This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment.

 

[Ohiogal]

Yes, my settlement was filed and singed by the judge, actually my ex signed the agreement in the court witnessed by the judge, and the judge had the notary come in the stamp it all at once, and gave me my divorce right then and there.

It was a long battle, we were on the 60 day conference and I was ready to go to court, but ex didn't want to take it to trial because there were lots of lies. he didn't want reveled.

I am making copies of everything. and printing out the forms from the Fulton co. website. my question is, do I take it to the Fulton co courthouse to set a court date? or I am not sure where to go or how to get a court date?

He has not followed through with basically the entire settlement.
He is keeping up with the alimony, but he has not even tried to pay off the credit cards per agreement, the judge gave him one year to settle these, also the many other agreed issues.

As I type out the list of other non complied settlement, do I mark my proof/ copies as exhibit A, B, and so on? or just say 'see page " so and so.

Will the judge give me a chance to talk/ explain? I do have proof to back up everything he is not following up with (contempt) just not sure how to pull all my paper work together. ** one of the issues to be satisfied is that he get a furnace in our home, as we have NO HEAT in my home. nothing at all. I have went out to purchase small space heaters. but we are cold. I have 2 disabled adult children living here with me, and I am in school. Monday is going to be 10 degrees here in Georgia, and we are cold, cold. this is not only him breaking the settlement, I think this is abuse, he knows we are cold.

Any advice greatly appreciated.
Thank you.

He is not in contempt on the credit cards. It has NOT been a year since you were divorced. And why don't YOU get a heater for YOUR home. He is NOT abusing you. You are being stubborn. By when was he ordered to purchase a furnace? Are the children HIS children?

 

[RRevak]

I agree with OG as it always drives me bonkers when I see posters complain about things their EX's aren't doing to "help them". Get off your bum and get more heaters if you're all so cold! You're receiving alimony so you should have funds to do so. Part of divorce is that one learns to be self sufficient. All I see here is you divorced but still expecting your ex to babysit you. Grow up. If you have to purchase your own furnace and ask the court to order a reimbursement from him then fine. But you should be doing more to support yourself than this. Are these mutual credit cards he's supposed to be paying off? If so then you need to be paying them and again, asking for reimbursement if he's digging his heels in lest we see you come back later complaining that your credit is shot yada yada. It hasn't been a year so what do you expect? Are these HIS adult children? Are you working?

 

[Bali Hai]

Yes, my settlement was filed and singed by the judge, actually my ex signed the agreement in the court witnessed by the judge, and the judge had the notary come in the stamp it all at once, and gave me my divorce right then and there.

It was a long battle, we were on the 60 day conference and I was ready to go to court, but ex didn't want to take it to trial because there were lots of lies. he didn't want reveled.

I am making copies of everything. and printing out the forms from the Fulton co. website. my question is, do I take it to the Fulton co courthouse to set a court date? or I am not sure where to go or how to get a court date?

He has not followed through with basically the entire settlement.
He is keeping up with the alimony, but he has not even tried to pay off the credit cards per agreement, the judge gave him one year to settle these, also the many other agreed issues.

As I type out the list of other non complied settlement, do I mark my proof/ copies as exhibit A, B, and so on? or just say 'see page " so and so.

Will the judge give me a chance to talk/ explain? I do have proof to back up everything he is not following up with (contempt) just not sure how to pull all my paper work together. ** one of the issues to be satisfied is that he get a furnace in our home, as we have NO HEAT in my home. nothing at all. I have went out to purchase small space heaters. but we are cold. I have 2 disabled adult children living here with me, and I am in school. Monday is going to be 10 degrees here in Georgia, and we are cold, cold. this is not only him breaking the settlement, I think this is abuse, he knows we are cold.

Any advice greatly appreciated.
Thank you.

Get your evidence together. Present it to the court. Let the judge ask you questions for clarification if necessary. I believe the less you talk in court, the better.

 

[courtneysmom]

Get your evidence together. Present it to the court. Let the judge ask you questions for clarification if necessary. I believe the less you talk in court, the better.

Thank you for your responses.

Yes the children are his children, we were married 30 years.
No the credit cards are not joint, as he opened the accounts under my name without my knowledge because he recently went bankrupt and he had no credit (he willingly admitted to doing this to the lawyer and judge- and agreed to pay the 2 cards off.
Yes I bought 2 heaters from home depot but unfortunately due to the 2 credit cards that he opened in my name I have a poor credit score because these credit cards have not been paid. therefor I can't get a loan to pay for a furnace.
Yes I am receiving alimony however, I am paying all the bills and caring for 2 adult children (who also are not working- my son was just released from the hospital in September with multiple issues) My daughter has a major disability due to the prior abuse from Ex. (no my children do not receive disability monies- working on that now.)
No I am not working, I am a full time student trying to get my education and some type of training so I can become self sufficient. (I Married very young, and didn't finish my schooling) I came here for some advice, and I thank you all for your responses.

 

[Proserpina]

Mom, are you getting child support for the two adult-but-disabled children?

 

[courtneysmom]

Mom, are you getting child support for the two adult-but-disabled children?

No I am not. and I am trying so very hard to get myself together here, and do what I can to provide for these 'kids' their his kids too. This is so hard.

 

[OHRoadwarrior]

I always shake my head in disbelief at these 50ish exes who won't work and want to attend college for 5 years so they can try and get a job 7 years before retirement age.

 

[courtneysmom]

I always shake my head in disbelief at these 50ish exes who won't work and want to attend college for 5 years so they can try and get a job 7 years before retirement age.

I am not in college. I am trying to get my Ged. as I said I didn't get to finish my schooling, I married very young. and immediately started my family. as I was caring for my parents, my mom blind, and my dad bed bound.
I want a job, but I am trying to get my GED to move forward.

 

[OHRoadwarrior]

I apologize. That is relevant to your situation. Did the judge specify a time period on the furnace also? Try calling them tomorrow and see if you can obtain assistance.

http://www.dca.ga.gov/housing/housingdevelopment/programs/homeinvestment.asp

http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/affordablehousing/lawsandregs/laws/home/subd/sec256

 

[courtneysmom]

Yes, the settlement /judge ordered that once I submit the proposal to my ex that he would have 15 days to put the funds into my account.(it has been now over the 15 days,) he is a federal employ 26 years now. and he has removed all of the savings and he was found in discovery to have 4 private bank accounts. I tried to get a loan through the credit union but they refused me because of my poor rating. he has been a credit union member since he started working at the post office. but they refused me a loan for a furnace.

Yes thank you for the websites. I have been on my phone all day trying to find a place to go with my children. as now only half of our power in the house is working because of the 5 degree temperature yesterday my water pipe broke and flooded the back part of my home. the water heater was frozen. and because it is electric I was told to shut the main switch off to prevent a burn out damage.
I called a plumber but they are booked up till Wednesday.
Now we have no water. all of this could have been prevented had ex put the fund into my account to have heat on these freezing days and the pipes in my house would not burst.

I have my paper work ready and my proof of mailing him the documents he needed to put the amount in. and not only has he broken that agreement but several others as well. I was just not sure how to put the paper work in order to present it to the court.

Thank you all for your replies.