QUESTION
What should I do to make my spouse pay alimony on time and pay the back support he owes?
Asked on Sep 22nd, 2013 on Divorce - California
More details to this question:
Spouse was ordered to pay alimony $400.00 every month. Sometimes I get $50.00 a month sometimes $200.00. It's always random I never get full amount and never know when they will send it. They own their own business, own a 400 thousand dollar home, buy new cars all the time, they travel every week to go on fishing tournaments which they have won lots of money doing that. They have everything. Why do I struggle they kept appealing my alimony trying to get it dropped. It went all the way to supreme court and I won and they have not paid anything on the $45000 they owe in back alimony. Can I file an order to show cause myself I can't afford another attorney?
7 ANSWERS
Yes, you can file your own Order to Show Cause, which is contempt. That needs to be personally served as it carries penalties of contempt, including jail time or more fees/costs. I note that as other motions can simply be mailed or sent certified without the need for personal service. You can serve a person anywhere - at their home, work, etc. The more information the process server has, the better. The court will not like to hear that they are spending freely but not taking care of what they were ordered to pay.
Answered on Oct 07th, 2013 at 10:38 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The short answer is yes but I would recommend an attorney. You might try a collections attorney who works on contingency fee basis.
Answered on Sep 25th, 2013 at 7:58 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you can file a motion for contempt yourself (generally you would file for an order to show cause why they should not be held in contempt.. but in MI an attorney friend opined that he could file a simple motion for contempt .. and skip the order to show cause.) I would also opine that you should show a little effort and attach pictures of his house, cars, etc showing his wealth and any notices of the amounts he has won at fishing tournaments to the motion. This will indicate to the Court that he has the capability to pay so they truly are simply ignoring the Court's order. Ask for him to be put in jail for his contempt of the Court's order until he pays.
Answered on Sep 25th, 2013 at 4:51 AM
Bruce Provda
You do need to file a motion for enforcement.
Answered on Sep 25th, 2013 at 2:24 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest you hire another attorney, this has become a simple collection action and could be a handled on a contingency basis.
Answered on Sep 25th, 2013 at 2:14 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes you can file a motion yourself. If they have assets and you have a judgment you can file a lien on his property.
Answered on Sep 24th, 2013 at 6:28 PM
You should consult an attorney about a garnishment or bank levy to get the money owed to you.
Answered on Sep 24th, 2013 at 5:49 PM