QUESTION
Is there anything I can do without a lawyer if my ex recently stopped paying spousal support?
Asked on Dec 20th, 2012 on Divorce - Florida
More details to this question:
I can't afford an attorney. I can't pay my mortgage without this money.
16 ANSWERS
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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Sure, go to the Wisconsin Supreme Court web site where they have forms and instructions for people like you and your situation. However, if you get an attorney and win your hearing, you could have the other side pay your attorney's fees. Here is a link to what you need: http://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=56&SubCat=Post-judgment
Answered on Dec 28th, 2012 at 12:06 AM
If your case is in Maricopa County, you can obtain the forms and instructions for enforcement of spousal maintenance at the court's website: www.superiorcourt.maricopa.gov, self-service center. I recommend you at least consult with an attorney for more information about the process.
Answered on Dec 27th, 2012 at 11:32 PM
If you have a court order stating he has to pay you spousal support, you will have to return to court to have the order enforced. If you would like to discuss this further, you can contact our office for a free 30 minute confidential consultation.
Answered on Dec 26th, 2012 at 4:14 PM
Child Custody Attorney serving Ontario, CA
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Law Offices of Sherrie L. Davidson LLC
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If there is a current court order for support, you need to file a form for a wage assignment so that his wages are basically garnished directly from his employer. You do not need to file a motion for this, just file the papers with the court and then serve on his employer. It may take some time to start so if he owes you money you would need to file a motion for arrearages for the missing amounts.
Answered on Dec 26th, 2012 at 4:14 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Is your case being handled through the Department of Child Support Services? Is there a reason he stopped paying? Is the father of your child employed? If he is employed, the child support should be taken directly from his paycheck. DCSS should be able to help you find ways of collecting the support if you cannot afford an attorney. If they are unable to help, an attorney may be able to find other ways of getting your money and may be worth the investment.
Answered on Dec 26th, 2012 at 2:28 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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You can always represent yourself without an attorney. If you are seeking "contempt" against your former husband, you must obtain an "Order to Show Cause for Contempt" and have him served. If you are just seeking a judgment so you can collect the money, make a "Motion for Judgment".
Answered on Dec 26th, 2012 at 12:23 PM
If he has the ability to pay you may bring a motion for contempt. You should consult the family law facilitator to assist you.
Answered on Dec 26th, 2012 at 12:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If there is an order requiring him to pay child support, then you can make a motion for him to be held in contempt. You can do it on your own, but it would be easier with an attorney. Also, if it is clear that the child support is owing, then your attorney can probably recover his or her attorney fees from your ex.
Answered on Dec 26th, 2012 at 12:04 PM
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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The time it takes for enforcement delinquent payments depends upon the county of your divorce. Contact the Friend of the Court (outside of Wayne County) in the county your were divorced in by telephone. They are likely to begin a court process that can ultimately cause the non payer to be jailed.
Answered on Dec 26th, 2012 at 12:04 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You don't need a lawyer to file a Motion to have the spouse held in contempt. If you visit the Clerk of Court's office in your county, they may be able to help you with a pre-printed form, which you would then file and have a sheriff or process server deliver it to your spouse. a lawyer.
Answered on Dec 26th, 2012 at 10:32 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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You have the right to file a motion for contempt and to compel payment without using an attorney. You can do everything without an attorney. But you may want to check with your local family court or bar association to see if you qualify to be represented by an attorney for free.
Answered on Dec 26th, 2012 at 9:45 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You can try to file a motion for contempt and have a hearing on it, but you really do need to hire an attorney for this.
Answered on Dec 26th, 2012 at 9:45 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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You need to file a contempt rule. See if there is a legal aid office in your city or a pro Bono attorney service.
Answered on Dec 26th, 2012 at 9:44 AM
If your ex is in violation of a Court Order, you can get an attorney on the condition that your attorney will collect his/her fees and costs from your ex. Most attorneys understand that the Court will award fees and costs when the other party is in violation of an Order. The attorney will appear in Court on your behalf, on a request to enforce and for attorney fees and costs.
Answered on Dec 26th, 2012 at 9:44 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio some attorneys take cases like this because the court can order the obligor (your ex-husband) to pay the back support AND pay your legal fees.
Answered on Dec 26th, 2012 at 9:44 AM
You can file pro se. File a Motion for Contempt/enforcement and outline exactly what he owes and the payment history. Also, in cases like this the Court usually orders attorneys fees and costs.
Answered on Dec 26th, 2012 at 9:43 AM