How do I enforce my divorce decree without spending thousands of dollars by going to court again?

Asked about 1 year ago - Derry, NH

I am tired of forking out all this money to my lawyer and receiving nothing in return. What can I do? Isn't my ex-husband in contempt of court?

I have a divorce decree which states my ex-husband has to pay child support. He paid it until the day I got married and then stopped. That was 2 years ago. My lawyer told me we would have to go to court to enforce it, so we did.

The judge ordered us to go to mediation, we went, and he was still ordered to pay child support. When we left mediation, my ex looked right at me and told me he is not paying me a penny. When I asked my lawyer how I could force my husband to pay, he said we would have to go back to mediation.

My ex has no respect for the judicial system and will not change. We are the only source of support for our daughter.

Attorney answers (5)

  1. Anna M. Zimmerman

    Pro

    Contributor Level 13

    2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Contact the NH Division of Child Support Services. They can assist with collections, including garnishing wages and taking away his license. I have included a link below.

    Disclaimer: This response is offered for educational purpose only. This response in no way creates an attorney-... more
  2. Vincent James Marconi Jr.

    Contributor Level 5

    1

    Lawyer agrees

    Answered . If the court awarded you support a second time after mediation, I would think a contempt hearing is the next step. The court can find him in contempt and award you attorneys fees and costs. I recommend you retain an attorney and file a Motion for Contempt.

  3. Edrea Meryl Grabler

    Contributor Level 7

    1

    Lawyer agrees

    Answered . If you're not satisfied with your current attorney, contact a different NH attorney to help advise you on how to ensure the divorce decree is upheld. Often, many NH residents find their initial attorney is not the best fit. Please review these FAQs and contact me if I may be of further asssistance:

    http://www.familylawnewhampshire.com/faqs/how-t...

    http://www.familylawnewhampshire.com/faqs/how-t...

  4. Dean George Tsourakis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Take him back to court and ask the court to award you attorney's fees.

  5. Jeffrey A. Runge

    Pro

    Contributor Level 11

    Answered . I agree with Anna. If you are not looking to spend more money with an attorney, you should start by contacting the NH Division of Child Support Services. This is a state agency that assists people in obtaining their Child Support payments. They can seek an immediate wage assignment on the monthly amount. They can also set up a payment plan on the outstanding amounts owed and possibly add that to the wage assignment. This mandates that his employer pay you directly before he even gets his pay check. If he is in an employment situation where a wage assignment can't be utilized, they can seek a contempt finding against him, and he may face loss of his driver's license or possible incarceration.

    Failing their assistance, I would recommend that you speak to an experienced Family Law Attorney about your options and the possible costs of moving forward. There may be attorneys that can assist you by offering a low flat fee or limited services to keep your costs down.

    DISCLAIMER The information contained in the Family Legal Services, P.C. (herein referred to as A FAMILYLEGAL @... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child support

Child support is a payment made from one parent to another parent (usually from non-custodial to custodial), to help ensure the child's financial needs are met.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,179 answers this week

2,958 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,179 answers this week

2,958 attorneys answering