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Where can i find a template or form to file a contempt motion for court ordered alimony that is not being paid. i am rep myself.

Albany, GA |

the order is part of the divorce decree

Attorney Answers 5

Posted

All you need to do is draft a document that contains the following: (1) the caption of the case (i.e., the part at the top of the divorce decree or pleadings that states the county, parties' names, and the case number), (2) the relevant language from the divorce decree re: what was ordered to be paid and what amount(s) hasn't/haven't been paid, and (3) the relief you seek from the court (e.g., jail, payment of the alimony arrearage, court expenses, etc.). You can serve the opposing party with a copy of the motion and a rule nisi (i.e., a court order scheduling a hearing -- you submit a blank rule nisi to the court clerk and they fill in the court date), along with an Acknowledgement of Service form (this can serve as a substitute for personal service by the sheriff); or if you believe the opposing party won't cooperate re: signing the AOS, go ahead and have the sheriff personally serve them with the motion and rule nisi.

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6 comments

Asker

Posted

very helpful thank you but what is a "blank rule nisi"

Daniel Ellis Rice

Daniel Ellis Rice

Posted

When you go to file a copy of the motion with the court, ask the clerk for a rule nisi and they will probably have copies available that are pre-printed and the only info that would need to be filled in would be the date, time, courtroom, and judge, for the hearing on the motion.

Asker

Posted

will this work for north carolina that is where my divorce took place and their court has no forms at all i just notice that you was a GA attorney but you have given me more advice than anyone those far

Daniel Ellis Rice

Daniel Ellis Rice

Posted

Generally, the above is mainly what is included in contempt motions, regardless of the state, but as you are looking to file one in NC and I am not licensed there or familiar with NC laws about it, I suggest contacting the court clerk's office for the county where the divorce was issued and ask someone there if they may be able to direct you to a NC state legal aid society, for example, or if maybe they have a basic form they could send you.

Asker

Posted

i have been at this since feb the clerks in NC say there are no forms the website forms i used they say they are wrong there is no legal aid i had to borrow money for bills you have been very helpful so far thank you.

Daniel Ellis Rice

Daniel Ellis Rice

Posted

You're welcome.

Posted

Generally, forms are not available for a Contempt action because the complaint needs to be very specific for each particular case. But, the information that Mr. Rice provided is very helpful and should give you a good idea of what you need to do.

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Posted

http://www.albany.ga.us/filestorage/1800/2889/3011/3518/4781/CONTEMPT_INSTRUCTIONS.pdf

Hope this helps. n

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

While you really will likely do better with a lawyer, if you want to use a form, the Superior Court in Albany GA has a form: http://www.albany.ga.us/filestorage/1800/2889/3011/3518/4781/CONTEMPT_INSTRUCTIONS.pdf .

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer unless you sign a retainer agreement). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. State bar rules require that I disclose my name/contact information in any communication (Glen Ashman)

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Posted

Contempt motions are filed in the court which issued the decree. I am not sure that it is going to be that simple to enforce a North Carolina decree in a Georgia court. You may need to file an action to domesticate the judgment in Georgia, or you may choose to get help from the North Carolina court.

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