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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17474
Experience:  B.A.; M.B.A.; J.D.
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In my final divorce decree, it states my ex husband is to

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In my final divorce decree, it states my ex husband is to pay alimony in the amount of $1600.00 per month no later than th fifth of each month.. He has been late several times and in August was six days late. Paying on the 11th of October. This has caused late fees for me as well as $45.00 charge for cash advance. There is a restraint order against him and we can't have any contact, so I have to get my brother to call him. In the decree it also states for automatic withdrawal from his bank account into my bank account. I have a notarized letter from his bank stating the do not do automatic deposits.. He does it electronically from his home computer. I was awarded 11 1/2 years alimony and have been divorced 2 1/2 years. What would you reccomend, my attorney did not pursue this for me.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
In my final divorce decree, it states my ex husband is to pay alimony in the amount of $1600.00 per month no later than th fifth of each month.. He has been late several times and in August was six days late. Paying on the 11th of October. This has caused late fees for me as well as $45.00 charge for cash advance. There is a restraint order against him and we can't have any contact, so I have to get my brother to call him. In the decree it also states for automatic withdrawal from his bank account into my bank account. I have a notarized letter from his bank stating the do not do automatic deposits.. He does it electronically from his home computer. I was awarded 11 1/2 years alimony and have been divorced 2 1/2 years. What would you reccomend, my attorney did not pursue this for me.
Response: You need to file contempt action against him for non-complaint with the Divorce Decree. He would be ordered to show cause why he should not be held in contempt of Court and sanctioned. You should also request that the Court order him to pay for incidental expenses that you have incurred due to his non-compliance such as the cash advance and late fees. You can obtain contempt forms at the Courthouse in the Clerk's office.

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