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  1. #1
    Join Date
    Feb 2009
    Posts
    26

    Default Ex-Spouse Not Conforming to Settlement Agreement

    My question involves divorce in the State of: FL

    In my settlement agreement/final judgment it states that I am to receive 50% of my ex-spouse's 401(k).

    It also states that my ex-spouse is to pay for half of the cost to draw up the documents (the QDRO).

    We do not communicate. Not realizing it was in the final judgment, I paid for 100% of it.

    1. Would it be best to send him a certified letter asking him to reimburse me for half, and give him a designated time period to do so?
    2. If he does not comply, should I file an action for contempt of court, being that it is in the judgment?
    3. He was already found in contempt for non-payment of child support. Being that this would be his second contempt of court, are there normally any repercussions?

    Thank you.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Ex-Spouse Not Conforming to Settlement Agreement

    Quote Quoting boozapian
    View Post
    My question involves divorce in the State of: FL

    In my settlement agreement/final judgment it states that I am to receive 50% of my ex-spouse's 401(k).

    It also states that my ex-spouse is to pay for half of the cost to draw up the documents (the QDRO).

    We do not communicate. Not realizing it was in the final judgment, I paid for 100% of it.

    1. Would it be best to send him a certified letter asking him to reimburse me for half, and give him a designated time period to do so?
    2. If he does not comply, should I file an action for contempt of court, being that it is in the judgment?
    3. He was already found in contempt for non-payment of child support. Being that this would be his second contempt of court, are there normally any repercussions?

    Thank you.
    Yes, send the certified letter. Be sure to include a specific time frame for payment.

    Then if he does not pay, you can file a contempt motion.

    The second finding of contempt will certainly make him look bad, but the Judge will decide what should be done.

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