Alimony enforcement in Utah


#1

I need to know how to register a NC spousal support order for enforcement in Utah where my ex now resides. My ex was court ordered in August 2011 to pay monthly alimony. He paid for a month and a small portion of the 2nd month then stopped. He moved to Utah to live and work less than 2 months after the judge’s ruling. He is over $34,000 in arrears and owes $8,000 directly to my attorney for attorney’s fees per a previous consent order. Do any attornies work on a contingency basis to collect large sums of arrears?

The ex hired his 3rd attorney as he previously said he couldn’t afford an attorney and he had been pro se for the alimony trial. The new attorney convinced my attorney to schedule a red calendar court date to allow the ex time to get established in his new job. The date got delayed 3 times and the ex continued to violate the order. He filed a counter motion to either vacate or reduce the alimony order.

Fast forward 5 months later when the attorneys finally agreed on an available court date. I get to my attorneys office that morning before the hearing and the ex’s attorney called and just found out my ex was going to be a no show. Both attorneys were floored. This had never happened when a red calendar date was mutually scheduled. The judge did not allow the ex a continuance as he just decided not to show.

The judge heard the case and ruled to dismiss the ex’s motions and upheld the previous judge’s order. The ex was also found in criminal contempt for not paying. We did not get a finding on civil contempt as he had not provided all of his discovery so the judge could not determine if he would have the ability to purge the civil contempt. The judge also granted a wage withholding order. Within a short time after the ex was suddenly unemployed claiming his contract job ended. He proceeded to set up 2 LLC’s and I suspect he most likely either arranged with the current employer or got a new contract with him not getting directly paid but funneling his pay through the LLC’s.

5 months ago my attorney said he would contact an attorney in Utah to find out how to enforce the order there and he stated he would not charge me for this research. He no longer will respond to my emails. I don’t even know where to start to try to find an out of state attorney. The ex also owes a large sum directly payable to my attorney for court awarded attorneys fees. My attorney never completed meeting with the judge for the awarding of attorneys fees for the court date in March stating the judge had been out of rotation. (This is in Johnston County) I am tapped out as my child support has ended, I have a huge mountain of credit card debt from the separation and divorce and will soon have liquidated the last of my financial assets just to pay my monthly bills to stay afloat. My attorney has not yet filed a motion to remove himself from my case but the ex’s attorney did so months ago. Can I do anything in NC pro se at this point or pursue the filing in Utah?


#2

The order should be enforceable here in NC. You should file a motion for contempt or a motion for an order to appear and show cause. If registering the order in Utah is a possibility, that is a question for an attorney in Utah.

Some types of debt collection attorneys work on contingency fees.