Contempt of Court in ED case

North Carolina Divorce Law Divorce and Separation Answers
1

My ex was not present for a final trial nor did he have representation. He was ordered to pay a cash distributive award to me within 60 days, and If he couldnt he had to make monthly payments within the next month with interest until paid off. My divorce, custody, child Support took 3 yrs in which I got the custody and support on my own b/c my attorney would not call me back, answer emails, and nvr prepared me for anything. He finially came through for me on this ED case. It has been over 3 months and I have not recieved anything from my ex husband. I have tried to contact my aattorney and he still will not respond. I have had MANY complaints about this attorney from other people with the same issues.

I know my ex is in contempt. I have the order here in front of me…now, my question is this…
1)What does that mean?
2)Do I need an attorney to get what I am supposed to or can I file something on my own?

Lastly, In 2008 in our support pappers, it was said that my ex would claim our oldest of 3 children on taxes. If he has declined reg visitation and I have hd them solely for the last 3 years everyday and night, ( with the exception of maybe 5 overnights total when he picked them up and dropped them off at his mothers)would I be allowed to claim all 3 on my taxes without getting in trouble? Thank you, curious91

2

He is not in contempt of court until a hearing on the matter is heard, and a judge finds him in contempt. Since he is in apparent willful violation of the order, you need to file a motion to have the court hold him in contempt. The clerk will issue what is called an order to appear and show cause. Your ex will have to appear before the judge and show good cause for why he is in violation of the order. The judge will then make a ruling. If he is held in contempt the sanctions vary, but the judge has the power to send him to jail until he purges himself of contempt and complies with the order. You may file the motion on your own.
You may not claim the children as the agreement gives him the right to do so.

3

Thank you. I did call the clerk of court here in my county which is Guliford. They said I would have to get an attorney or research what I needed to do as they had no papers for me to fill out there???

4

You can draft the motion on your own, and may want to try looking into other counties to see what they have available for pro se folks, or you may consider using our DIY service.