Final ED order

North Carolina Divorce Law Divorce and Separation Answers
1

Hi- I had my ED hearing back in November and finally got my revised order. How do I proceed in obtaining what the order states. Ex: My ex hardly contributed financially towards the marriage(money spent mostly on drugs), therefore, I requested an unequal distribution at the final hearing. The factors stated on the unequal distribution state: Defendant did not appear to any of the hearings and did not participate in the ED process (defendant has several warrants for his arrest for violating the protective order I have in place). Defendant has not appeared in any of the court hearings (this includes divorce) and is presently living overseas and will not comply with any orders from this court. All marital debt has been distributed to me (Plaintiff).
In the “It Is, therefore, ORDERED, ADJUDGED, and DECREED as follows” section the following is what I’m interested in knowing how to proceed:
The defendant shall assume liability for both of my student loans (total balance $19,095). How do I obtain this money? Do I have to take him to court again in order to get this money even if he’s out of the country?
The defendant shall pay me a distribution award of $5000 and he shall pay $250 per month to me for the next 20 months. How can I obtain this money when he’s out of the country?

Thank you for taking the time to read my requests. Have a wonderful day!

2

If he hasn’t complied with the court order, you may have to file a motion for contempt. To enforce your judgment in a foreign country, you will need to contact an attorney in that country.

3

Hi, thank you for your response earlier in 2014. The defendant will probably return to the U.S. this year. I’m planning to take him to court to try to obtain the money as per the EDIA order. He’s not aware of the judge’s findings on the EDIA order because he never participated in the hearings. Could you advise what forms/form no.'s to use for the motion for contempt? And if he disobeys the order is it still the motion for contempt or something else? Thank you so much for your input.

4

When a party fails to abide by the terms of a court order, contempt is the process by which the other party can obtain relief. You would need to file an motion for order to show cause and seek to have him held in contempt. You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource to help you pursue your contempt motion.