MY EX OWES ME MONEY AND WON’T PAY. WHAT DO I DO?
People often call me because they are owed child support or maintenance. They want to know what they can do to get the errant former spouse to comply with an existing court order. Unfortunately, there is no simple answer.
The first step in the process is filing the appropriate document. Typically, it would be a Petition for Rule to Show Cause. This is fancy lawyer talk for “I want the court to force someone to comply with a court order.” On the first court date, the court may “issue a rule” on the verified pleading. This means that the court says there is enough evidence that a violation may have occurred to warrant a hearing, and the alleged violator is ordered to appear in court and “show cause” why s/he should not be held contempt.
The alleged violator is given time to respond in writing and a hearing date is set. For a finding of contempt, the court must find that the alleged violator is WILLFULLY violating the order. Willful means that the alleged violator has the ability to pay and has simply chosen not to do so.
Once a finding of contempt is entered, the judge will set a purge. A purge is the amount that it takes to no longer be in contempt. If a contemnor does not meet the purge, the court can issue a body attachment and s/he can be jailed until compliance.
HOW MUCH WILL IT COST TO HIRE AN ATTORNEY?
If there is a finding of contempt, your attorney can request reimbursement for your court fees. These fees typically include the cost of preparing and filing the Petition for Rule and the hearing on the matter. Most attorneys will expect the client to pay up front, and then the contemnor to reimburse the client. HOWEVER, if no contempt is found, because the conduct is not willful, the client will be responsible for his or her own legal fees.
The amount of fees depends on the work necessary to prepare the Petition and prepare for the hearing. Proving the allegations can be complicated if the alleged violator is self-employed, works more than one job, or has rental income, for example.
If someone owes you money, give me a call and we can discuss your options.