Spouse is not compling with the separation agreement

[weary]

I have been divorce since 4/12/99. I live in Ohio my ex-spouse lives in KY.

In the settlement it states, "Within four months after the final decree is enter husband shall refinance property (home)."
It also states “within 60days husband will transfer balance of currently credit cards in wife’s name to his name only.”

It's been close to 2 years now. He has not done either of the above.

What are my options? If I hire an attorney and take this to court, am I responsible for attorney fees and court costs, or will he have to pay for the fees and costs since he did not comply with the settlement?

 

[I AM ALWAYS LIABLE]

I have been divorce since 4/12/99. I live in Ohio my ex-spouse lives in KY.

In the settlement it states, "Within four months after the final decree is enter husband shall refinance property (home)."
It also states “within 60days husband will transfer balance of currently credit cards in wife’s name to his name only.”

It's been close to 2 years now. He has not done either of the above.

What are my options? If I hire an attorney and take this to court, am I responsible for attorney fees and court costs, or will he have to pay for the fees and costs since he did not comply with the settlement?

My response:

You take him back to court on an Order to Show Cause. He then gets into BIG TIME trouble with the court, for "Contempt of Court" for his failure and / or refusal to follow and obey the court's orders. Then, he gets anywhere from a stiff fine, all the way up to some jail time - - or combination of any of such sanctions.

Your attorney will charge you a retainer fee, up front. However, in the pleadings, your attorney will request that your ex-husband pay attorney's fees and costs. The court will more than likely agree, and award you these monetary costs. Upon your ex-husband's payment, your attorney will reimburse to you whatever monies were ordered and paid by your ex-husband.

IAAL

 

[weary]

Do you think it would be a good idea for me to send him a ceritfied letter first, or just hire the attorney and go to court?

 

[I AM ALWAYS LIABLE]

Do you think it would be a good idea for me to send him a ceritfied letter first, or just hire the attorney and go to court?

My response:

Just hire the attorney and get the ball rolling. If your ex isn't obeying court orders, what makes you think he'll stand up and salute your letter?

IAAL