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

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.

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Attorney answers 5

Posted

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-client relationship between Anna Goulet Zimmerman/Law Office of Manning & Zimmerman, PLLC and the recipient. Responses are general in nature and should not be relied upon as legal advice. The response given is based upon the limited facts provided, and could be different if additional facts were known.

Posted

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

Posted

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.

Posted

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-to-change-a-child-support-order/

http://www.familylawnewhampshire.com/faqs/how-to-pick-a-new-divorce-lawyer/

Posted

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.

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