QUESTION
What do I do if my ex is behind on spousal support payments?
Asked on Jan 03rd, 2011 on Child Custody - New Hampshire
More details to this question:
In our divorce my ex agreed to pay a monthly amount for the debt he left me with. After some time he got several months behind, I hired a lawyer and went to court to get the money, plus interest, attorneys fees, etc. He was ordered to double up payments until caught up and the interest and fees were added to his balance. He is behind again. Do I have to hire a lawyer again or can I contact the courts and inform them he is behind again?
8 ANSWERS
Thomas Patrick Connelly
It sounds like your lawyer did a pretty good job for you the last time. You should call him or her back. You need to file a contempt petition.
Answered on Jan 05th, 2011 at 3:43 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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You do not have to use a lawyer, but calling the court is not an option. The only way to address the issue with the Court is through an Order to Show Cause Hearing (OSC). You can file a OSC for arrears, and also for Contempt, if the failure to pay was in any way willful. You can represent yourself.
Answered on Jan 04th, 2011 at 3:43 PM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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In New Jersey, a person does not always need to hire a lawyer but one always has to make a written application to the court, known as a motion, that complies with the Rules of Court and the Court's procedural guidelines. Some people feel comfortable about preparing the motion by themselves but most people do not. Sometimes it depends upon the complexity of the application, the amount of money involved, the history of the case, and other factors. Judges will also usually issue an Order to compel the delinquent person to pay the recipient's counsel fees so that should also be a consideration.
Answered on Jan 04th, 2011 at 11:58 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Simply informing the court will not accomplish anything because the court is not a collection agency. If your ex has the ability to make the required payments and fails to do so he is in contempt of court by wrongfully violating the court's order. To have the court take appropriate action to punish the contempt, you need to formally request the court to issue a contempt citation and conduct a trial to decide whether he is guilty of contempt. That process is a bit more complicated than other aspects of a divorce case so it is best conducted by your attorney, but you can attempt to do it yourself. If you attempt to do it yourself, remember that a crucial element you will have to prove is that he has the ability to make the payments and is simply refusing to do so.
Answered on Jan 04th, 2011 at 10:13 AM
1 Award
There is no simple way to simply call the court. You will have to file a motion with or without an attorney to attempt to collect this debt.
Answered on Jan 04th, 2011 at 9:28 AM
Annulment Attorney serving Colorado Springs, CO
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Harrison Family Law, PC
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You can file a contempt citation against him with the courts. The clerks office at the courthouse can help you file these documents. You do not necessarily need an attorney to file or go to hearing. Just prove he has failed to pay the maintenance as ordered by the Court.
Answered on Jan 04th, 2011 at 8:28 AM
David J. Reed
You can always represent yourself; however, it would be best to hire an attorney and bring a contempt action against him. The court may suspend his license, order garnishment from his wages, or a number of other things to get him to comply.
Answered on Jan 04th, 2011 at 6:28 AM
Family Law Attorney serving Kingston, NH
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DiManna Law Office, LLC
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You need to file with court and have him found in contempt for the new order or possibly file for a show cause hearing depending on the specifics of your case.
Answered on Jan 04th, 2011 at 3:58 AM