Looking at a decree violation wondering if anyone has answers... kchopper5: I was ordered to pay XW $1750 by tomorrow. Long story, lots of lies, sometimes I wish I was a woman in this divorce crap, but anywho, she is calling for her money and someones attorney dropped the ball on the QUADRO that was supposed to be filed. If she decides to try and get me for a violation what are the consequences? Keep in mind I have never said to her or anyone that I wouldn't pay her but the judge decided that I only needed 30 days to come up with the money and I don't know what is going to happen. My attorney assured me that everything would be ok and let her make a stink but I am just curious if anyone else has been put in this spot. She is like an ingrown hair that just won't go away.
Re: Looking at a decree violation wondering if anyone has answers... wizer_now: [quote author=kchopper5 link=topic=42603.msg486595#msg486595 date=1174588367"> If she decides to try and get me for a violation what are the consequences?
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Here in NY the consequences can be jail time. I think you would need to have a hearing first. They aren't just going to lock you away just like that. This post should probably be over in the "legal questions" section.
Re: Looking at a decree violation wondering if anyone has answers... crushedman: The long and the short of it, probably nothing, depending on how far she wants to go with it. It will take a lot of time, regardless. In my entire career I've never heard of someone going to jail over violating a court ordered divorce decree.. it may be a remedy but you would have to fail to show up to court, she'd have to pay for a capias warrant and find a sheriff to serve it, etc etc. There are many steps to this sort of thing.
cm
Re: Looking at a decree violation wondering if anyone has answers... kchopper5: Knowing her she will pursue all avenues for this seeing as she dragged out a divorce for 16 months over $1750. I have every intention of paying but it needs to come from my 401k. I am just worried I guess because I just want to be done with it, but I can't magically poop that money.
Re: Looking at a decree violation wondering if anyone has answers... smokin: OMG, dont follow cm's theory. youll be in jail.
the "court" ordered decree usually lists what willl happen if contempt is considered on the decree.
dont fret though, have your lawyer file an extension for you to get that money. i cant believe he only gave 30 days. have your lawyer set it for next month at this time, and go get it done, cause they probably wont grant another.
also, if your lawyer does this, then that should halt you having to pay her lawyer fees to take you to court......
good luck!
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