I am legally divorced. Have legal sep papers that were used for the divorce. The sep papers were signed by a judge and state that my ex is supposed to pay half of child sup/alimony on the 1st and half on the 15th of every month. Last month, he paid less than half and this month so far nothing. He has filed a motion to reduce child support. However, our court date isn’t for over a month. Can I file for contempt based on the fact that he isn’t going by the original sep agreement that became divorce paperwork? If so, how do I do that in Wayne County NC? Also, the children and I still live in Wayne County and he now lives in Arkansas. How do I go about serving him?
You can file a motion for contempt, but if the judge reduces his obligation, he may do so retroactively until the date of filing the motion, which could eliminate any amounts that he may owe you.
Our firm doesn’t practice in Wayne County, so I cannot give you specific instructions, but it generally includes filing the motion and notice of hearing. You should review the local rules for the county. You should also contact the clerk’s office to determine when you should notice your hearing. When you file, you should confirm that your matter is placed on the calendar, and you should make sure to serve the opposing party appropriately.