Failure to transfer assets

[meldresler]

What is the name of your state (only U.S. law)? VA/KY

Our final divorce decree ordered my ex to begin the transfer of some assets within 30 days after divorce decree (last October). He played around with this (literally, it was documented) until I filed a contempt motion 50 days after divorce decree. That same day (I had been telling his attorney I was filing) he announced that he had mailed off the paperwork.

7 weeks later, we received notice that the transfer had been denied due to mistakes in his paperwork. Now, this guy has attorneys on retainer in 2 states, but he apparently did the paperwork without any legal advice or review and made a simple, avoidable error. Now, 9 days later, I haven't heard any indication that he's resubmitted the paperwork.

So we are 90 days post divorce decree and we are at square one.

If I file another contempt motion, would it not be fair to ask for a daily fine for each day that he fails to file the paperwork and/or each day that I have to wait for the transfer. Isn't it clear that without some push, some financial incentive, he will continue to play around with this. I was thinking of asking for a fine of $100 a day. Otherwise, there is no way to get him to properly, carefully, correctly do this paperwork, so it seems like a reasonable request.

 

[Ohiogal]

Contempt has STATUTORY punishments. Don't expect a $100 a day for it. Expect him to be ordered to compensate for any provable damages you have suffered and attorney fees/court costs as well as to rectify the situation ASAP -- including signing forms in court.

 

[mistoffolees]

Contempt has STATUTORY punishments. Don't expect a $100 a day for it. Expect him to be ordered to compensate for any provable damages you have suffered and attorney fees/court costs as well as to rectify the situation ASAP -- including signing forms in court.

So..... bring all the appropriate forms to court with the account numbers filled in.

 

[meldresler]

yes, unfortunately I don't have access to the account and the transfer request has to be submitted by him. If I could draft it myself, I would.

 

[mistoffolees]

yes, unfortunately I don't have access to the account and the transfer request has to be submitted by him. If I could draft it myself, I would.

You should still be able to download the form and have it all filled out except for his account number and signature. The judge might order him to sign it on the spot. Then the only issue is whether he has any documents with him that have his account number - and there's a good chance his attorney will have something.