Contempt Order

[i]I’d like to file a contempt order in Alamance County. This is the first year my ex has had his refund garnished. He has told our daughters of 15 and 16 I will have to use that for their needs. He has primary custody of them now. The 19K arrears is from when I had custody.

In the court order there is language that he is to NOT discuss issues of child support with the children, speak of me maliciously, etc…

These things happen on a regular basis. He is now refusing to let me have the children this weekend for a trip I have already paid for. It is NOT my time with the children, however, I gave him my time for his trip a few weeks back and this was the planned “traded” time to make that up.

The order has been in place for 2 years. He was also ordered therapy with kids, substance abuse treatment, etc, all of which he has not complied with, but I believe is beyond (with the exception of the therapy with/for kids) what I can do, even though if he didn’t do what was ordered he’d be in contempt.

My questions are:

  1. Can I file the petition myself?
  2. Is the process similar to doing divorce, file, serve him, wait the time, ask for a court date…?
  3. If there has to be a possible solution to the contempt order, is this truly an option?

I welcome any other thoughts or comments. Hiring an attorney is not an option financially, unless I use the money from his refund, which I have no IDEA how much it will be or when I will see it. [/i]

  1. You can certainly pursue your motion for contempt on your own, we have a service that allows access to a library of legal forms and communication with an attorney: Rosen Online Service. This service only costs $199/month and you can start and stop as you like.

  2. Filing your motion for contempt will not be identical to the process for filing for divorce, although some concepts (service, notice of hearing, etc.) will be the similar.

  3. I’m sorry, I don’t understand this question.