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schollomon
schollomon, Lawyer
Category: Family Law
Satisfied Customers: 55
Experience:  I am a practicing attorney in Houston, Texas. I specialize in family,employment, personal injury and workers' compensation law.
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my ex husband was ordered to pay alimony and quit six months

Resolved Question:

my ex husband was ordered to pay alimony and quit six months early. How do I file civil contempt of court charges pro se
Submitted: 1 year ago.
Category: Family Law
Expert:  schollomon replied 1 year ago.

schollomon :

You need to file a motion or ask for a hearing that basically allows you to tell the Court that he is in violation of the order after the divorce. The judge will then issue a contempt citation if the judge agrees that he is in contempt of court for violation of the court's order. If your ex continues to refuse to pay the remainder of the alimony payments, he could be taken to jail for contempt of court.

schollomon :

The most often used Motion for this purpose, is a Motion to Show Cause.

schollomon :

I suggest you start by going to the clerk of the court that issued the order to pay alimony and ask if there is a form for you to use to accomplish this.

Customer:

how do I file the motion or ask for a hearing

schollomon :

You would draft the Motion to Show Cause (or complete a form you obtain from the Court that issued the Order) and file it with the Court. Within your Motion, you need to request a Hearing before the judge on the Motion. The Court will then set a hearing which your ex will also be required to attend so that the Court can consider your motion and hear from both parties on the issue.

schollomon :

I suggest that you start by first contacting the clerk of the Court that issued the original Order and informing them of your situation and then asking if there is a form that the Court prefers for this type of situation.

schollomon :

The body of your motion should basically indicate that on ___ date, this court ordered ___ to pay alimony in the amount of ____ for the duration of ___ months. ___ has failed to pay alimony according to the Court's Order. Therefore, Petitioner requests that ____ be ordered to appear and show cause for his failure to adhere to the Court's Order. Petitioner also requests that ___ be held in contempt of court for failure to adhere to the Court's Order.

schollomon :

I cannot necessary draft the motion for you but I wanted to give you an idea of what it should state and what you would be asking the Court to do.

schollomon :

Does that answer your question?

Customer:

Thank you. It was a nasty divorce and I have multiple sclerosis. He never would speak with me and I got very sick and called his office and spoke to his office manager and asked if he could pay me early one month. He would not do it unless I signed a paper saying that I would give up six months for one. I signed it because I was desperate . I offered to pay him back and he refused. The office manager is willing to testify that he refused to let me pay it back. So I might be out of luck. but he never filed anything with the court to change the order.

schollomon :

Well I would still attempt to get the court to intervene and require him to pay the full six months. While there is a slight chance that the court would find that you guys agreed to alter the order with your written agreement to exchange six payments for one early payment, there is still a chance that the Court would uphold the original order and require him to make the payments.

schollomon :

I truly wish you the best of luck during this difficult time. I also wish you health and strength in spite of all this.

Customer:

I am praying!! Thank you so much

schollomon :

You are very welcome! There is much power in prayer!

Customer:

Oh I agree.

schollomon :

Please don't forget to rate me highly so that I will recieve credit for my time in assisting you. And again -- very best wishes to you.

schollomon, Lawyer
Category: Family Law
Satisfied Customers: 55
Experience: I am a practicing attorney in Houston, Texas. I specialize in family,employment, personal injury and workers' compensation law.
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schollomon
schollomon
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I am a practicing attorney in Houston, Texas. I specialize in family,employment, personal injury and workers' compensation law.