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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11699
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have an order in motion that my ex husband is paying monthly

Customer Question

I have an order in motion that my ex husband is paying monthly on. The judge's orders say that if he is more than 30 days late on any 3 payments, the amount is due in full and collectable as a civil judgment bearing the legal rate of interest. On August 30, my ex husband will have missed three consecutive payments (the third will be 30 days late at that date). What is the best way to collect on that? Can I take him to court again? I am not sure if sending a wage attachment will be successful at the small business where he is employed. I tried collecting before, and when I called them about it, they literally just transferred me to HIS phone line!
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.
Good Afternoon:I will try to answer your question.Q: I have an order in motion that my ex husband is paying monthly on. The judge's orders say that if he is more than 30 days late on any 3 payments, the amount is due in full and collectable as a civil judgment bearing the legal rate of interest. On August 30, my ex husband will have missed three consecutive payments (the third will be 30 days late at that date). What is the best way to collect on that? Can I take him to court again? I am not sure if sending a wage attachment will be successful at the small business where he is employed. I tried collecting before, and when I called them about it, they literally just transferred me to HIS phone line! A: If he is in default of the Order I would file a petition for contempt. I would seek incarceration as part of your relief requested with a purge provision that he be released upon the payment of the amount in arrears. If he had an employer who was non-partial I would advise to pursue wage attachment.