QUESTION
Must I file repeated motion for contempt for non payment of alimony or can I file motion to compel?
Asked on Sep 13th, 2013 on Divorce - Oklahoma
More details to this question:
I was awarded Bridge-the Gap alimony for 18 months. My ex made 0 payments for six months. I motioned for contempt/enforcement in which the court has already ruled in my favor. He paid the arrears that day but has again made 0 payments since. He is currently in arrears two months and counting. Will I have to file another "contempt/enforcement motion" each instance of non-compliance or can I file a "motion to compel" for the court to enforce its order and grant relief? I cannot afford attorney and have represented myself from day one. This situation is cumbersome to say the least. Thanks!
5 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Unfortunately it appears to me that you would have to follow the same procedure you did before. I suggest you request from the court a calculation on his arrears, to determine any interest which may accrue.
Answered on Sep 17th, 2013 at 1:50 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You have to file a motion for contempt. You can wait and file when he is several months behind and get a finding for those months. You cannot file for future months.
Answered on Sep 16th, 2013 at 5:32 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Request an Income Deduction Order from the Judge.
Answered on Sep 13th, 2013 at 1:28 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Either way (i.e., whether you file a motion for contempt or motion to compel), the outcome will be effectively the same. The motion for contempt seeks to encourage your husband to pay by threatening him with punishment if he does not. A motion to compel seeks an order from the court directing your husband to pay or face punishment. The conventional way of seeking enforcement of unpaid alimony is the motion for order to show cause route.
Answered on Sep 13th, 2013 at 11:05 AM
File contempt again, include in your allegations that the court take judicial notice of the prior contempt action and that the party immediately returned to ignoring the prior order of the court. Request the court to order the party to become current, to require him to execute an income assignment, to reimburse all your costs for filing and service and to consider imposing such other action and relief as the court may find appropriate based on the willful failure to comply with the court's order. You might also look around and see if there is an attorney who would take the case as the court could order him to reimburse your attorney fees.
Answered on Sep 13th, 2013 at 11:04 AM