What should I do if my ex-husband does not comply with our marital settlement agreement? 7 Answers as of January 28, 2011

What can I do if my ex-husband doesn't comply with the marital settlement agreement? Our case is in California.

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Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Typically, you would file a motion seeking an order compelling him to comply with the agreement.
Answer Applies to: California
Replied: 1/28/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
There are many remedies available to you. You can file an Order to Show Cause (OSC), re: Compel Performance, you can file an OSC, re: Contempt, or you can file for sanctions. You did not explain how your ex-husband is failing to comply with the MSA, but you might also consider garnishing his wages, moving for assignment/transfer of an asset to your name, seizure of his bank accounts, etc. There are many possible remedies, but more information is needed to know how he is specifically not complying.
Answer Applies to: California
Replied: 1/24/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you haven't yet done so, have the Marital Settlement Agreement reduced to Judgment. If your husband refuses to sign the Judgment, file a Motion under Code of Civil Procedure Section 664.6 to enforce the Marital Settlement Agreement by having Judgment entered pursuant to its terms. Once Judgment is entered, you can enforce the Judgment via enforcement procedures appropriate to the Judgment terms which your husband is violating, whether obtaining a writ of execution and having it levied on his bank account or employer, contempt of court proceedings, or otherwise.
Answer Applies to: California
Replied: 1/24/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Depends on what terms he is not complying with. You need to be more specific with your question.
Answer Applies to: California
Replied: 1/24/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Take him back to court to enforce the agreement just like a contract.
Answer Applies to: California
Replied: 1/24/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    You or your attorney should file what is called a 664.6 motion. This motion asks the court to enter judgment according to the terms of your MSA. Next, once judgment is entered, you can ask the court to enforce it. Feel free to contact our office if you have any further questions.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    That depends upon what he is failing to comply with in your Marital Settlement Agreement. I would be happy to speak with you regarding your situation. Please feel free to contact me.
    Answer Applies to: California
    Replied: 1/24/2011
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