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How do I file a Contempt of court ordered alimony in the…

Customer Question
How do I file...

How do I file a Contempt of court ordered alimony in the state of De when ex has moved out of state and is in arrears since 2016 ?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

First I contacted Lawyer here in Delaware that told me I needed to get lawyer in county and state where ex lives (Winston-Salem NC ). I followed thru and was told by lawyer in NC that I needed to start here in DE... I have tried contacting Family court here in Dover DE where alimony was order but never get to the right person or they give me a different ph # to call. I'm getting the run around with no real help where to start ... the lawyer in NC states she will help me if I get no where here in DE but does not understand why I was advised already here in DE where it was court ordered to go where ex is residing now ? It's a DE Court Order... Also why should I have to travel to NC when he is in violation . I have very little money while he makes good money and should have to come back here if ordered ? The NC lawyer made good sense to me...I'm just getting the run around here in DE... Please help.

Lawyer's Assistant: Family law varies by state. What state are you in?

Dover Delaware

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We were divorced in April 2014 after 22 years of marriage . the final judgement for alimony was ordered in 2016 when case was closed and I lost track of where he was. Also alimony payments ceased . I recently found out where he works. I'm almost 61 , disabled and have not worked outside the home for 16 plus years. My ex blatantly lied to the court and not forthcoming with evidence of of his income , etc. Even he own lawyer from Wilmington De asked the Judge to be relieved of his client , my ex due to non co-operation.

Submitted: 1 month ago.Category: Family Law
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Answered in 26 minutes by:
3/20/2018
Family Lawyer: Sean K, Family Law Attorney replied 1 month ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 450
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear you are having this problem.

So the North Carolina attorney is correct that the place to start is Delaware. If a Court issues an order, that Court has jurisdiction over it to enforce it. I am unable to explain why the Clerk's office would be giving this amount of problem unless they just don't understand what you need. The reason the attorney may have told you to go to North Carolina, though I am just speculating, is set out below.

They may have mentioned going to North Carolina because of a concept known as the uniform interstate family support act contemplates going to another state to enforce support obligations. The reason this is available for people in your position is that if you seek to enforce the order in Delaware and he does not show up, the Court will likely order him to pay, but will have no authority as a Delaware Court to make any authorities in North Carolina take any action. Meaning if he just stays out of Delaware, he may never have to answer for not paying support. The Interstate act allows you to have your Delaware order enforced in North Carolina where he lives and where if he does not show up then the Court there has more options since they are in the state where he lives.

Do let me know if you have any follow up questions.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 450
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Experience: Family Law Attorney in Private Law Firm

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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