QUESTION
What can I do if my ex-husband stopped sending payments ordered by the judge?
Asked on Oct 16th, 2012 on Divorce - Florida
More details to this question:
My ex husband owes me money ordered by judge. He has now remarried built a home and just now bought more land. He has stopped sending payments now for 8 years!
17 ANSWERS
Gary Moore
You have to file a motion to enter judgment for what he owes you, immediately. You must also request in your motion that a wage execution be ordered.
Answered on Oct 23rd, 2012 at 3:10 PM
You need to be able to prove that he had the ability to pay on each date that the support became due in order to hold him in contempt of court. You will need an attorney for this as it subjects your ex-husband to criminal sanctions including jail time and fines.
Answered on Oct 18th, 2012 at 4:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an attorney, and to act as your time is running out. You need to go to the court hand have him compiled to make the payments.
Answered on Oct 18th, 2012 at 4:59 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You need to file a motion for contempt against him.
Answered on Oct 18th, 2012 at 4:58 PM
Family Attorney serving Seattle, WA
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The Law Office of Kate M. Forrest, PLLC
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The remedies may vary depending on what type of payments are involved-child support, spousal maintenance, or property award-but generally there is a ten year statute of limitations on collecting debts, so if you don't act soon you may lose your right to collect at all. You should consult an attorney directly as soon as possible about options like garnishment of wages or property liens. If you are unable to afford an attorney right now, but a large amount is owed, some attorneys may be willing to take your case on a contingency basis, where they would take payment in the form of a portion of whatever they are able to recover from him.
Answered on Oct 18th, 2012 at 4:58 PM
1 Award
File a motion for contempt for violating the terms of the judgment.
Answered on Oct 18th, 2012 at 4:56 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to file for a hearing on arrearages. The court will then set the amount of arrearages. If this is child support, DCSS can help you and they are good at enforcement.
Answered on Oct 18th, 2012 at 4:55 PM
Michael Paul Vollandt
You should have a judgment for the support order and then you can enforce it by writ of execution, wage assignment or see if the County Department of Child Support Services will enforce the order for you.
Answered on Oct 18th, 2012 at 4:53 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The remedy for violation of court orders is contempt proceedings. You need to file the appropriate request to the court that entered the order to issue a contempt citation that requires your ex-husband to show the court why he should not be punished for violation of the order. Because contempt cases can be difficult, you should consult an attorney for more information about your options.
Answered on Oct 18th, 2012 at 4:29 PM
If the payments are part of the Judgment then you have all of the remedies of a judgment creditor. You should consult an attorney to review all of the documents and facts to be able to advise you how to proceed. You may have to explain why you have waited so long to take enforcement measures.
Answered on Oct 17th, 2012 at 4:56 PM
File a post decree enforcement action and/or motion to hold him in contempt of court.
Answered on Oct 17th, 2012 at 4:56 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You can file a motion for contempt of the family court judgment.
Answered on Oct 17th, 2012 at 3:32 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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It depends on what those payments are for. If they are for child support, contact the Department of Child Support Services. If for spousal support, reimbursements, or distribution of marital assets, you may need to bring a contempt action against him. You can also do that for child support but DCSS might take care of it for you without your need to hire an attorney. If you hire an attorney, which could be our firm for example, you would also seek an order that he pay for your attorney fees. Whether you qualify for such an order requires many facts not readily discernible from your posting here.
Answered on Oct 17th, 2012 at 3:31 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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You can file a Motion for Contempt. If he is not paying child support, you can call your local State Attorney's Office. They have a Child Support Enforcement Division who will represent you for free to go after him for the child support that he owes to you. Also, you are entitled to the entry of an Income Deduction Order that would require his employer to deduct what he owes to you from his pay checks.
Answered on Oct 17th, 2012 at 1:51 PM
Steven D. Dunnings
Why have you waited so long? Were payments to be made directly to you or through the Friend of the Court. I think you have waited too long to bring up the matter now.
Answered on Oct 17th, 2012 at 1:48 PM
You can go back to Court and let the Judge handle your ex.
Answered on Oct 17th, 2012 at 1:47 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If it is a support obligation that he pays you for, file a motion for contempt and a notice of hearing and have him served. If it is not a support obligation get to an attorney.
Answered on Oct 17th, 2012 at 1:44 PM