08 Apr How can I make my ex comply with court orders?
Q. How can I make my ex bring the right documents to the company that’s handling our Qualified Domestic Relations Order (QDRO). There have been several court orders but he hasn’t complied.
A. We’re sorry to hear you’re in the middle of this dispute.
If one party refuses to comply with an existing family court order or agreement, the aggrieved party can file enforcement applications with the court.
An enforcement application, also referred to as a motion to enforce litigant’s rights, in family court generally refers to a motion filed by someone who is trying to enforce his or her rights under a prior agreement or order, and/or to find the other party in violation, or contempt, of that agreement or order, said Thomas Roberto, a family law attorney with Adinolfi, Lieberman, Burick, Falkenstein, Roberto & Molotsky in Haddonfield.
“If the facts are such that enforcement of the same agreement or order has already been sought and granted in response to prior applications, it may be appropriate for the moving party to request not only enforcement but additional relief, including but not limited to a finding of contempt, counsel fees/costs, monetary sanctions and fines,” Roberto said.
It may also be appropriate to request that if the other party does not comply with the terms of the court’s order by a date certain, the court “vest the moving party with a limited power of attorney with authority to execute, on behalf of the noncompliant party, any and all documents necessary to effectuate the terms of the agreement or order – which based on the facts presented here would need to include a QDRO and/or other related documents necessary to effectuate the QDRO,” he said.
Alternatively, the court can be asked for subpoena power, specifically with authority to issue subpoenas for any and all documents required by the accountant or other entity preparing the QDRO.
Email your questions to .
This story was originally published on April 8, 2021.
NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.