You or your attorney would have to file a motion to get it in front of the judge. A motion has to be sent to all parties, so you can't just write a letter to the judge.
In this case, you would file an information for contempt of court, arguing that the other party willfully disobeyed the order of the court and ask for a hearing. His lawyer is not going to press the issue, obviously. So the person to contact is your lawyer. I know you emailed your lawyer, but other than you, your lawyer is the only person who can get any action on this.
I live out of state. Is there a way I can take care of this myself or do I need to contact an attorney.
Yes, you can file a motion yourself. You can serve the other party (actually, serve the attorney) by mail, and file it by mail. You can probably resolve the issue over the phone before the hearing.
Here is the format you should use (I am an Indiana attorney):
VERIFIED INFORMATION FOR CONTEMPT
REGARDING PARENTING TIME ORDER
Comes now the Petitioner, pro se, and states that the following:
1. That this court issued an order dated (DATE) whereby Respondent was ordered to pay XXXX.
2. That as of XXXX Date, no payment has been made with regard to the dates if XXXX.
3. That Respondent has violated this Court's Order by refusing to pay as ordered and attempts to resolve this issue have failed.
WHEREFORE, the undersigned prays:
1. That the Court order the Respondent, NAME of RESPONDENT, to appear and show cause why this Court should notpunish her for said contempt of Court.
I affirm, under the penalties of perjury, that the foregoing representations aretrue to the best of my knowledge and belief.
I hereby certify that I have sent a copy of this Petition by first class mail tothe opposing attorney, or the opposing party if the opposing party is notrepresented by an attorney, on ____________________________.
I would like to take care of this myself. Is there a form I need or do I type up something that looks exactly like what you have above? You said I could serve the attorney by mail but how do I file by mail. Do I contact the court or the judge or the district attorney?
Use the headings off of the order. Then just copy and paste what I posted above, inserting the relevant information.
To file it, you take it (or mail it) to the clerk's office and say you want to file it and set a hearing. To serve the other party, just mail it, there is nothing else that needs to be done. When you sign that "certification" you are promising that you mailed it, that's it.
The prosecutor has nothing to do with this, you just take it to the clerk.
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