Ex is in Contempt of Divorce Decree

[Ali]

Hello,

My Ex-Husband is in contempt of the Divorce Decree. The decree states for him to Pay child support (he is now 3 payments behind and he has a IDO in place, but he quit his job and did not report his new job to the state); To pay half the credit card (He has not paid anything); and his car, the title and loan has to be out of my name (which he has not done, and was late on his car payment for the month of August.)

What do I do in this situation?

Thank you!

[Attorney Cheri Hobbs]

You can file a Motion for Contempt/Enforcement and list out the things he is required to do and what he has not done.

Attorney Cheri Hobbs

[ajck's mom]

What is the process? Will she need an attorney or is it a matter of filing one form?
Thanks for your advice!

[Attorney Howard Iken]

The Motion must be filed with the court and then a hearing should be requested from the judge's office.

An attorney will make this a whole lot easier.

[ajck's mom]

She contacted a legal aid clinic to help her. They said that because her ex moved out of state, there really was nothing that the state of FL could do legally. They told her that while she could file the motion, that she would have to work with the other state's sheriiff or process server to get him served, costing her money out of her pocket. And even if she did that, no one would be able to go after him until (and if) if returns to FL.

Is that true?

[Attorney Howard Iken]

Not completely true.

[ajck's mom]

Mr. Iken,

Can you elaborate? If she files a motion and the ex is out of state, will the state of FL have him served in the other state (NC)? If not, what happens?

Thanks for your help!

[Attorney Howard Iken]

Nothing will be automatic and the "state" will now do anything on their on.

This is too complex and difficult for self-help. At this point a private consultation with an attorney would be best.

[ajck's mom]

We really appreciate the insight this web site provides. Thanks again for the guidance.