How can I collect court awarded attorney fees, alimony and property from a Service Member

Asked about 1 year ago - Gainesville, GA

Ex is in military & says he'll not pay me court ordered attorneys fees, rest of alimony or return court ordered items. He says my lawyer lied"him taking advantage of a SM in the US military through a corrupt judicial system is being handled" He's roughly 2500 behind with child support/ alimony/unpaid medical/extra curricular. Also he didnt return guns to me, all I had to do was show proof of my carry permit (my father had this & asked him for the guns on the specified day, he did not have them) 3 weeks later he was in a school and unreachable, this put me past 90 days to retrieve them & he now says he wont return them. How can I get payment & get items that he failed to produce, I cant control his school/deployment. Cant afford to take him back to court, hes swore to not pay future bills 2

Attorney answers (4)

  1. Steven P. Shewmaker

    Contributor Level 12

    6

    Lawyers agree

    Answered . Going after Servicemembers can seem very difficult and be very frustrating. Here are a couple of things to keep in mind.

    First, the simplest way may be to mail (and email) a copy of the court order to his commander and request that they order him to comply with the court order. If you can track own his commander, then you can send it to him (or her). You should ask that the commander confirm receipt of your letter and ask them to respond. Typically, they will seek counsel from the assigned Judge Advocate and get back with you quickly.

    Second, you can always file a petition for contempt in the same court that issued the original order. While this seems expensive, remember the best case to seek reimbursement of your attonrey fees is a case where he is in contempt of the court's order.

    Third, a contempt order can include a garnishment order to the Defense Finance and Accounting Service (DFAS); this is the organization that pays everybody in the military.

    Finally, seek out a domestic attorney familiar with military matters. We specialize in these type of cases, and are always happy to speak to you: (770) 939-1939.

    Best regards,

    Steve Shewmaker

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Have your lawyer file a contempt. Going to jail and the risk of court martial may get his attention.

    ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here... more
  3. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You can't do much if you're unwilling to return to court. A contempt citation would undoubtedly lead to action within the military.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  4. Michael Shane Welsh

    Contributor Level 12

    Answered . Even though you state that you can't afford to take him back to court, you really ought to find a way to afford that step. You can do that on your own in most jurisdictions in Georgia - the clerk of the superior court of your county should have a form for filing a motion for contempt. The filing will cost you $207 to file it and at least $50 to have him served, but the clerk may be able to explain your options for serving him.

    I agree with another response here that you should send a copy of the child support and attorneys fee order to his company commander where he is posted and to the school he is assigned to, and then send a copy of the order holding him in contempt if you can get one. The military will not let him slide out of this kind of obligation.

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