What do you do when your spouse backs out of an in-court settlement in Columbus, Ohio?
So your ex agreed to a settlement in an Ohio court, but now is backing out? This can be a major problem and it can be extremely stressful to deal with. Don’t worry, we’ve got the answers.
Here is what to do if your spouse backs out of an in-court settlement in Franklin County, Ohio.
Complain and put it in writing to your spouse
Putting it in writing helps to establish evidence that might be needed later on.
File a Motion to Enforce before the drop date (the date it was due to the Court)
In Ohio, this motion is called a Request the Enforcement of a Court Order and Hold the Other Party in Contempt for Violating the Court Order. Follow the link to see the Ohio Supreme Court website to check out the related forms.
A motion to enforce is a motion that asks the judge to enforce the terms of the settlement. The party who is violating the settlement agreement can face severe consequences if he or she fails to hold up his or her end of the deal. Serve the other side.
Get a Hearing
You can request a hearing if your spouse is not living up to the terms of the settlement. During the hearing, your divorce attorney will explain exactly what your ex-spouse has done wrong and the judge can then make a ruling.
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Before the hearing date, get a copy of the transcript of the final hearing - Have the transcript certified and filed with the court
Having the transcript of the hearing certified and filed with the court can be helpful down the line if your ex-spouse still refuses to comply with the in-court settlement.
Prepare your questions
Before you go to the hearing, make sure that you have all of your questions prepared in advance. The last thing you want is to not know what to say or what to ask during the hearing.
Prepare your cross-exam of the party who backed out
At the hearing, you will have a chance to cross-examine your spouse. During your cross-examination, you need to get the point across that your ex violates the agreement. So, you need to know what they will likely say, and you need to know how to refute their points.
Do your homework - see attached MOTION TO ENFORCE SETTLEMENT AGREEMENT
Study real-life cases that are similar to yours, with a focus on cases in Franklin, Delaware, and other Ohio counties. Familiarize yourself with similar cases in your local area.
If you live in Columbus, Ohio, then look for local legal cases in the Franklin County family court that will help you figure out the best way to argue your points and to cross-examine your ex-spouse. Learn from the cases.
Put on your evidence and Don’t back down-sometimes you just have to have a hearing. Be strong.
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