exwife not in compliance 2 years now and shes done nothing.

[crscott2005]

Kansas

Almost two years ago my dad and his wife got divorced. in the decree, she got 10 acres of his farm. both had to pay half the survey fee. dad has paid his half and she has not. she has made it clear she is going to sell the property and move to Virginia. she has even recently called a friend of my dads and asked if he was interested but he would have to pay her upfront so she could pay her half of the fees. she was also awarded the time share property in branson and was ordered to sell it, but he has to pay the maintenance fees and she is to pay him the fees back after the sell. she has not listed the property at all, he still gets calls from realtors wanting to sell and rent it out for him, so I'm guessing his name is still on the property there or they wouldn't be calling him they would be calling her.

Our question is, can he self file some sort of form for her being in contempt that would allow him to keep his ten acres and not have to pay her maintenance fees on the property in branson?

Thankyou in advance.

 

[Bali Hai]

Kansas

Almost two years ago my dad and his wife got divorced. in the decree, she got 10 acres of his farm. both had to pay half the survey fee. dad has paid his half and she has not. she has made it clear she is going to sell the property and move to Virginia. she has even recently called a friend of my dads and asked if he was interested but he would have to pay her upfront so she could pay her half of the fees. she was also awarded the time share property in branson and was ordered to sell it, but he has to pay the maintenance fees and she is to pay him the fees back after the sell. she has not listed the property at all, he still gets calls from realtors wanting to sell and rent it out for him, so I'm guessing his name is still on the property there or they wouldn't be calling him they would be calling her.

Our question is, can he self file some sort of form for her being in contempt that would allow him to keep his ten acres and not have to pay her maintenance fees on the property in branson?

Thankyou in advance.

Let me find my surprised face..where did it go?

 

[crscott2005]

Let me find my surprised face..where did it go?

??????????

 

[single317dad]

What Bali is likely saying is that he is not surprised that such a poor separation agreement has become such a mess. If not, perhaps he'll be back to elaborate.

Yes, if your father can show that his ex-wife has willfully violated the court order, then a judgment of contempt is appropriate. As a remedy, the judge may penalize the ex-wife in some way. This can all be handled pro se (without an attorney). Studying up on Google and at the law library will be handy. If the party to the case (without assistance) isn't able to navigate the process, then an attorney will be a good investment. The party will need to understand a motion for order to show cause, rules of civil procedure, local rules, and state statutes.

http://www.ksfamilylaw.com/FAQS/contemptenforcement_of_orders/ (commercial site with advertisements)

http://kansasstatutes.lesterama.org/Chapter_20/Article_12/

http://www.douglas-county.com/district_court/dct/docs/pdf/otasc.pdf

http://www.kscourts.org/kansas-courts/law-library/

http://kansasstatutes.lesterama.org/Chapter_60/Article_2/

 

[stealth2]

The best thing you could do is help your Dad find a decent attorney.