Being sued for Contempt


#1

I am so sorry that you going though this it is not easy I will be doing the same very soon with my ex-wife and she will be paying me the support for my children.
I am no lawyer but if he has not paided you in child support he has a lot of problems he is a dead beat parent and you can have him locked up for that as a dead beat parent. Is he paying you by check or is he paying the state this is very important if with the state no problem he is going to jail. If he is paying you by check then go to I think DSS or the court not sure on that Ms Fritts can tell you more on that she is great and the hole site is too.
But if he is paying you by check change that have the state get involved and he will be paying you the support you need. If not the state will locked him up and you did nothing to do this just him.
I hope this will help you and easy some on you
Hope to here from you about this and good luck with you living in Nashville. I am thinking on moving there Nashville myself I have freinds there and would be a new life for the three of us.
Bye for now


#2

Could some one explain that to me… [xx(]

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#3

[:(!] You should definatly be given smoething for that. [:X]

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#4

Am i the only one seeing a patern here?[8)]

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#5

Can you be found guilty of contempt for not paying attorney’s fees and judgements. Read the earlier (yet unresponded to) posts titled, “Ten Years Of Devastation”. That should answer your question.


#6

J Parton I am praying for you! That you can find some peace in all of the madness you are going through.


#7

Dear JParton:

Greetings. First, do you have a child support order? If not, get one immediately.

Send even ten dollars, but start paying on this debt. Yes, if you pay the balance owed the motion to show cause will be dropped. Yes, it may be continued, but only because of the judge’s time.

You need to show cause him also for the funds he owes you. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

Thanks for your answer, however in the mean time we have gone to court in North Carolina. My ex was unable to show willful contempt, and dropped the case. The good thing is we were able to get the divorce granted that day. (Otherwise my court date for Divorce in Tennessee was the middle of October). After all the calculations were done, now he owes me $1,300 in medical bills, which he must pay in the next 30 days. We were also instructed by the Judge to go that day to DCS and have child support set. In addition to the required monthly child support he must also pay past due support from Sept. of last year.

Having said all that, I have another question. My ex has two felony drug charges pending in Buncombe County. He has continued these cases 30 days for the past 5 or 6 months. My attorney there in North Carolina said there was a chance, if found guilty, he could be sentenced to do jail time. My question is, how long is he allowed to continue these cases? He also has one charge in Haywood County for driving on a revolked license, that he has continued for several months as well.


#9

Dear J Parton:

Greetings. We are divorce attorneys and therefore criminal cases are beyond the scope of our immediate practice. I think that he will be able to keep continuing the cases until the District Attorney or the Judge does something about it. His attorney may be waiting for a day when the police officer is not there to try to get it dismissed. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#10

I’m back! As I mentioned in my previous post back in Sept. my ex and I appeared in court to settle the contempt charge he brought against me for not paying his attorney fees. Well, I should say we met with attorneys…we didn’t appear befor the Judge. Anyway the attorneys worked out a deal whereby after the money I owed him for his previous attorney fees were deducted from the medical bills he owed me, he had a balance due to me of around $1200. We all agreed that this was to be paid in full in 30 days. There was another issue with regard to visitation that was agreed upon also.

It’s now December and neither of these issues were ever written and recorded with the court. My attorney told the Judge that day that we had agreed on the amount my ex owed me and that she would write up the order.

Well needless to say my ex has not paid any toward the $1200, and is two months behind on child support. I’ve contacted my attorney and explained that I need to file a contempt order for the $1200, but she tells me I will have to pay her another $1,000 for her to handle the case. First of all, I don’t see how I can even file a contempt order when she never wrote and recorded the agreement, and second, I dont’ think she should be charging me for her mistake in not having the order recorded.

Am I corrent in thinking that if the order was not written and recorded with the court that I have nothing to stand on?

What is my attorneys obligation to handle this without charging? I’ve contacted her several times within the last 45 days and ask that she file this, but she has not responded, except to say that by the time I pay her $1,000 to collect $1,200, it doesn’t make sense.

Thanks


#11

A judgment of the court is not enforceable - by contempt or any other means - until it is reduced to writing, signed by the judge, and filed with the clerk of court. See NC R Civ P 58, ncleg.net/EnactedLegislation … le_58.html. So, how does this statute apply to you? No order, no contempt…at least not yet.

Ok, so you need an “official” court order addressing the custody and financial issues. I suggest you remind your attorney that she agreed to prepare the order and is therefore duty-bound, if not honor-bound, to make good on her promise. If this approach proves unsuccessful, write a letter to the judge who heard your case. Make sure you cc: your attorney and your ex’s attorney. Briefly explain the situation to the judge. Respectfully inform the judge that no order has yet been entered, and one is necessary. The judge may “ask” you attorney to prepare the order, or the judge may prepare the order himself/herself. Regardless, the judge has an obligation to enter an order disposing of the issues in your case.

Seems to me that your attorney is not obligated to handle the show cause/contempt issue unless you and she agree on terms. You can handle the show cause/contempt yourself with a little bit of effort. You need to write up a show cause motion, and get the judge to sign it. Then you and ex go to court and ex has to “show cause” why he should not be held in contempt of court. If he fails in this regard, the court will enter an order holding him in contempt of court and punishing him in some manner the judge deems appropriate.

For guidance on preparing a show cause motion, take a look at the Wake County pre-printed form at nccourts.org/Courts/CRS/Poli … nts/98.pdf. Keep in mind that the relevant order needs to be entered before you may file a show cause motion claiming violation of that order.


#12

My husband, (I’ve filed for divorce) sued me for custody of my children one year ago. I won the case and the children were returned to me, however I agreed to pay his attorney fees of $1,500. It was more like ransom…Anyway, I moved to Nashville and filed for divorce here in Jan, which was a little over 1 year since we had seperated, and 6 months since I had moved to Nashville. For the 12 + months I’ve been in Nashville, my husband has given me $400.00 in support for my two boys, ages 8 and 2. It has taken every dime I have, plus borrowing from my parents, to pay rent, put food on the table, day care, etc. Needless to say I haven’t had the money to pay the $1,500 I was order to pay. I did make one payment of $150.00. Now my husband is sueing me in NC for contempt for not paying the balance of the $1,500. Our court date is next Tues in Haywood County, NC. If I borrow the money from my parents and pay the balance of these attorney’s fees, will the case be dropped? He’s sueing me also for his attorney fees. If I pay the balance, would I still have to pay his attorney fees? Will I need to appear in court on Tuesday? Can he continue the case? He’s got two drug charges in Bucombe Co. and one charge in Haywood Co. for driving on a revolked license, and he has continued all of those at least 3 times. I know he’d like nothing more than to have me drive all the way to NC, have to take a day off work, and him continue the case, and force me to have to come back again.

My attorney who represented me in the Custody case (I had to pay him $5,000) says I’ll have to pay them $1,500 to handle the case on Tuesday. My husband is in contempt as well, as he is 90 days delinquent in child support (ordered in TN), nor has he paid any of his share of medical (over $5,000)that was in the Custody agreement.

Please advise…I know that’s a lot of questions…