QUESTION
Is there anything I can file against my ex-husband who owes me but is living much better than we are?
Asked on Sep 02nd, 2012 on Child Custody - New Jersey
More details to this question:
My ex-husband is a year behind in extracurricular payments to our children. We live a meagre existence in housing. He owns a modern four-bedroom home, is paid well with family business and many benefits. He has five kids now, two in last three years. Has been an absentee father, and has not complied with recent court ordered therapy. I am a cashier and need back the $2500 he owes to us desperately. Another $500 was due yesterday. He has also done things like forge my federal tax returns which I have all the proof and contacted IRS. We already have a continuance for these issues, but it is not until 2/2013. My two children and I need this money to survive. He is not struggling to survive.
14 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File for contempt
Answered on Sep 12th, 2012 at 4:43 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You can file a motion for contempt for him not paying court ordered fees. Not sure what is pending that was continued to February or why such a long continuance.
Answered on Sep 12th, 2012 at 12:31 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you have a lawyer talk to that person.? You could try to contact DCSS in your county to get assistance collecting support.
Answered on Sep 12th, 2012 at 10:37 AM
Leonard A. Kaanta
All you can do is go to court to enforce your orders.
Answered on Sep 11th, 2012 at 4:03 PM
Depending on what was specifically stated in the your final divorce decree will determine what type of motion we would file against him. But he will definitely have to answer to the judge as to why he is not complying with a court order.
Answered on Sep 11th, 2012 at 2:50 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Under Washington state law, you can bring a Motion for Contempt and for Judgment for failure to pay court ordered amounts. Once you have a judgment, you can garnish his wages and/or his bank account.
Answered on Sep 11th, 2012 at 2:14 PM
Steven D. Dunnings
You can file a motion for contempt of court for failing to pay support but how are you going to prove he didn't unless he is paying through the Friend of the Court's office.
Answered on Sep 11th, 2012 at 1:12 PM
Dave Hawkins
If you are already divorced, the only option you have is to file a motion to enforce the decree of Dissolution to force him to pay what he owes. You can't get anything more than that.
Answered on Sep 11th, 2012 at 12:59 PM
In most jurisdictions you can file a contempt action to enforce a divorce decree. In a contempt action concerning the failure of a party to comply with a judgment or other order of a court, the issues are generally as follows: Whether there has been a failure to comply with the order or judgment in question; if not, the respondent is not guilty of contempt; Whether the failure to comply was willful or without justification; if not, the respondent is not guilty of contempt; If the failure to comply was willful, a determination of the amount owed to the movant and how it is to be repaid; and If the respondent refuses to repay the amount declared to be due, what sanctions should be applied. If the Court determines that it should apply sanctions, the offending party may be placed in the jail. The Court may order that the respondent stay there until the amount is paid in full, until a specific portion of the amount owed is paid, until the offending party takes certain action, or for a specified period. The Court may also impose such other penalties as he sees fit. You should also talk with an attorney about other remedies to collect your money such as garnishments against wages and bank accounts.
Answered on Sep 11th, 2012 at 1:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to show cause him for failure to comply with the judgment.
Answered on Sep 11th, 2012 at 1:26 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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File a motion for contempt against him and set a hearing. Have him served with the motion and the notice.
Answered on Sep 11th, 2012 at 1:26 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes, file for contempt. Ask for jail if he doesn't pay immediately.
Answered on Sep 11th, 2012 at 1:03 AM
1 Award
If you have already filed a motion to address these issues and the hearing has been continued, I am not sure that there is anything you can do. You should not have agreed to a continuance.
Answered on Sep 11th, 2012 at 1:02 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Sounds like you already filed but the Court is back logged. Try to demand an expedited hearing.
Answered on Sep 11th, 2012 at 12:58 AM