If the Order clearly required him to do it, you can enforce the order. If he fails to refinance and he was oerdered to do so, he should have to show cause why he should not be held in contempt of court for failingt to do it. Recently, the economy has been such that the language requiring refinancing has gotten a little more pemissive than in the past. Your divorce lawyer should be able to get this done with just a few hours of work (reviewing the order, draftiing the papers, serving the papers- must be in person, on the respondent, and then appearing at the hearing). On the other hand, it could just require a letter or two to get him off his duff, or it could involve a lot more, as he may not be able to get refinancing. We recently handled a similar case for a client. We had not represented in her divorce. Her ex-husband was to have tansferred some property, but didn't. He tried to raise other issues, which had nothing todo with his requirement under that portion of the order. The matter was settled without a hearing, but it cost us $100 just to get the ex served, and the Court got paid $100, even though it didn't have to be heard. So, even at our firm wide rate of $150/Hr, which is pretty low, it still cost our client a little under $1000. On the other hand, while it was expensive, the client thought it was worth it.
Answered on Oct 30th, 2011 at 9:22 PM