I have been divorced for three years. My ex husband was ordered to pay alimony in futuro and make the loan payments on my vehicle until it is paid off.
The past few months he has been reducing the amounts he has sent and says he is unemployed. I depend on the alimony for my mortgage payment and will be filing for contempt.
It is not possible to give you all the information that you need to successfully prosecute a contempt action on this forum. With that said, I would advise checking with the clerk for the court in which this case is pending or was previously heard. The clerk may have a form that you can utilize. If not, the Davidson County Circuit Court Clerk has a pretty good template that you can use, and I have provided a link to it below. Obviously, it would be best for you to hire an attorney to assist you with this process. Most Marital Dissolution Agreements provide for prevailing parties in contempt proceedings to be awarded their attorney's fees, so while you might have to expend some money up front, you would likely be able to recoup your attorney's fees during the course of the proceedings. You will also have to arrange to have your ex-spouse served with a copy of the contempt petition. Best of luck!
I agree that it would be difficult to advise you on what should be included in a contempt petition on this forum. There are two types of contempt that you can file: 1) civil contempt 2) criminal contempt. They are both civil in nature, in that they will be heard in your divorce court. However, there are different requirements for each petition and in what you must prove for each type of contempt.
I would strongly advise you to consult with an attorney. As previously mentioned, your Marital Dissolution Agreement very likely provides for the recovery of legal fees associated with any enforcement action.
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