How can I collect unpaid alimony? - Divorce Law Questions and Answers- LawQA.com

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How can I collect unpaid alimony?

My ex will not pay me the complete final amount. Seven years of alimony was done in March 2013. He owed me $10,200 and just paid me last week a total of $8000. Is there a way I can go directly to the magistrate who presided over the case and not have to rehire my lawyer? It's not much money but it is part of my settlement I am owed.

Answer By Joan Canavan

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Yes, you can file a Complaint for Contempt on the grounds that your ex -Husband has failed to pay you the entire amount of alimony that he was Court ordered to pay. You do not need an attorney to represent you.

Answer Applies to: Massachusetts
Replied: 10/30/2013

Answer By John F Brennan
Musilli Brennan Associates PLLC
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File and action, called a motion to show cause, to enforce. If you have to hire an attorney, ask for their fees.

Answer Applies to: Michigan
Replied: 10/30/2013

Warner Center Law Offices of Donald F. Conviser
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You can't just appear before a Judge without having first filed appropriate paperwork which entitles you to an appearance at a hearing in Court. If your divorce judgment is final, you can represent yourself without having to file a substitution of attorney. There are various ways that you can enforce a support order, including an OSC for Contempt of Court, obtaining and recording an Abstract of Support Judgment, and an Application for Writ of Execution which, once issued, you can have the Sheriff levy on your ex's bank account or wages. If you wish to avoid paying attorney's fees, you might go to your Court's self-help clinic for assistance and advice from a volunteer lawyer.

Answer Applies to: California
Replied: 10/30/2013

Answer By Robert McCall

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You can file a Motion to Enforce Final Judgment and set it for a hearing.

Answer Applies to: Florida
Replied: 10/30/2013

Answer By Matt Catchick
Catchick Law, PC
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The easiest way to try to collect without a lawyer is to file a "Motion to Enforce" in the same Court that granted your Judgment of Divorce. You will need to timely serve your ex with the Motion and the Notice of Hearing after the Court schedules a Hearing date.

Answer Applies to: Michigan
Replied: 10/30/2013

Answer By Diane L. Berger

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You do not have to hire a lawyer. you can simply file a contempt action indicating that your former husband has not complied with the court's order.

Answer Applies to: Nebraska
Replied: 10/30/2013

Answer By Kevin H Pate
Kevin H Pate
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You hire counsel, go back to court and ask for the unpaid balance, plus costs and plus attorney fees. If he was ordered to pay 10,200 and did not, he is in contempt.

Answer Applies to: Oklahoma
Replied: 10/30/2013

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