Q: Should I file for contempt to get my ex to pay his part of my attorneys fees he was ordered to pay as part of our divorc
Our divorce was final 7 years ago. The court ordered my ex to pay part of my attorney fees, $2,550.00 to be paid to my attorney, no less than $100.00 per month within 24 months. I was a complete mess the 1st 3 years after the divorce and had a complete mental breakdown. My finances became a disaster, some of my bills went to collections and I owed back taxes. I have been working to clean up this mess and my credit, paying taxes setting up payment plans and paying what debts I can. I got my ex to pay back over $13,000.00 maintenance he still owed. So I realized He had only paid $700.00 toward my attorneys fees and then stopped paying. I also still owed maybe a couple thousand to my attorney. This is one of the debts that went to collections. I asked my ex about this and would he pay his part to the debt collector. He just got nasty and said after 7 years it should just be my problem and I should just let the debt fall off. Should I file for contempt or let him off the hook?
A: You have a court order. the court will enforce it if you proceed properly. In contempt, you will have to prove that your ex had/has the ability to comply with the order. If so, the court may impose a fine and/or imprisonment until/unless he pays. Also, you may be able to get a judgment against him for the unpaid amount, plus interest. Your prior attorney may be able to enforce the order since he was ordered to pay the attorney directly.
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A: Contempt of Court is one way you could go. You would file, get him served, and the process would ensue from there. You would need to prove he had the ability to pay and did not. If he's been employed that may be fairly easy to show. You might also consider asking (motioning) the court to enter the amount owed, plus interest, as a judgment. If he has a job you could then garnish wages to collect, including the interest.
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