Settlement

[catrmm]

State is PA

Divorce was final a few months ago.  Property settlement included a transfer of funds from ex's IRA to mine and a cash payment all to be completed within 30 days of the order.  This has not happened.  Ex keeps saying it takes time but hasn't made any efforts to start the process.  There is no child support or alimony order.

Questions:

1.  Do I have to file a court action to get this finalized and, if so, which court or courts?

2.  What would make him follow that court order any more than he followed the settlement order?  Would the court order have any more meat?

3.  Are the findings of the court regarding property distribution modifiable if he says he no longer has the money?

4.  If he were to die before making good on the court order, would I be considered a creditor and, if so, how far down on the list of creditors?

5.  Are there any non-court ideas that are effective to get a property settlement finaliazed?

6.  Do I have any way of finalizing this if he continues to refuse to honor the court order?

7.  Are there any enforcement measures that are used with settlement resolution similar to those used with child support enforcement?

[socrateaser]

>1.  Do I have to file a court action to get this finalized
>and, if so, which court or courts?

I would need to read the court order. Generally, if you want to force the issue, you will have to ask that the court find him in contempt for failing to follow the order, and then order sanctions against him for every day that he delays.

>
>2.  What would make him follow that court order any more than
>he followed the settlement order?  Would the court order have
>any more meat?

See #1 above.

>
>3.  Are the findings of the court regarding property
>distribution modifiable if he says he no longer has the
>money?

See #1 above.


>
>4.  If he were to die before making good on the court order,
>would I be considered a creditor and, if so, how far down on
>the list of creditors?

Your right to the pension would take precedence over any creditor who had no prior secured interest in your ex's assets, and to any other creditor who had not already obtained a judgment.

>
>5.  Are there any non-court ideas that are effective to get a
>property settlement finaliazed?

Send a letter telling him if he doesn't resolve the issue to your satisfaction within the next ?? days, that you will file an order to show cause for contempt. Then, you'll have to follow through on it if he doesn't act.

>
>6.  Do I have any way of finalizing this if he continues to
>refuse to honor the court order?


See #5, above.

>
>7.  Are there any enforcement measures that are used with
>settlement resolution similar to those used with child support
>enforcement?

See #5 above. Child support has special laws forced upon the States by the federal government. No other area of law has similarly powerful enforcement processes.