Equitable Distribution problems


#1

My ex and I are in the midst of equitable distribution proceedings. That is, I am. His deadline for completing and returning the ED paperwork was 3/30/11; he had ample time to complete it. My attorney filed a motion to compel and sent it to him. Nonetheless, he emailed last night to inform me that he will not provide the documents and will cancel the court-ordered financial mediation scheduled for next week. Part of his justification is that he just lost his job and cannot afford the mediation (which is a stretch for me as well). Even if we were to negotiate ourselves, his disclosure documents would be necessary to ensure fair distribution as of the date of separation. *What can the court do to force him to produce the documents?

He withdrew from his IRA, acquired/accumulated during our marriage, to make the down payment on our house in 2009, so we have significant tax debt that I have been paying alone, as well as definite taxes next year on the short sale of our home this year, which should be split evenly. His IRA is our only asset. I recognize that the court takes into account the financial circumstances of both parties in determining equitable distribution. *Is his job loss and lack of money likely to nullify his obligation to pay half of the taxes?


#2

Me again. Perhaps I should note that he has proceeded to deplete the IRA since our separation…


#3

You will need to set the motion to compel on the court calendar for a hearing. His job loss can be considered in ED, but I cannot say for sure what any one judge would or would not distribute to him.