More details to this question:
Received a summons, ex wife has filed a motion for contempt and enforcement of final judgment for dissolution of marriage. The final divorce judgment states that I pay her directly $xxx per month until amount is paid automatically by xxx. It also states that money is to be transferred through bank accounts until that time as well. Ex wife has not given her account information at all, since receiving the summons I have called and left messages and texts for account information and she will not respond... she is suing for the full amount from time divorced was final until now along with any fee and cost associated with having to bring this matter to court. I have no problem paying but with no bank information how can I? what can or should I do?
1 ANSWER
If your wife is seeking to enforce something in the nature of equitable distribution, versus alimony, you cannot be held in contempt. That being said, clearly the two of you have failed to communicate. If she was supposed to give you an account number and failed to do so, it appears you did not follow up on this. But, two wrongs do not make a right (old tale). You should contact her attorney and try to work this out. Absent same, if facts are as you communicated, you cannot be held in contempt. However, you will still need to respond to the summons and it is probably a good idea to consult with an attorney to get some pointers on how to proceed.
Best of luck,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
info@vovalaw.com
954-316-3496
Answered on Feb 05th, 2017 at 3:08 PM