Good Morning,
What is best way to handle this situation or what request/ motion should I make to the court in order to be awarded alimony based on post separation support that was awarded and 50% of the retirement (equitable Distribution) although my ex has not been cooperating with any of the orders to compel, order appear /show cause for failure to turning over evidence and lastly he was issued court fine sanctions and an warrant for his arrest and he still have not turned over the retirement information.
I have been to court at least 7 times and he has not shown up or turned over the information to them either. What do you think is best for me to do next? should I dismiss the ED claim without prejudice to get the divorce with the alimony over with? or can I ask the judge for a default judgment or a summary judgment giving me alimony based on the PSS order and part of his retirement ( 50%) although he has not cooperated. Also how should I make that request if you think I should put in a different motion or try a different approach? Thank you so much for your time and assistance. I truly appreciate it.
You would need to file a motion for an order to appear and show cause and seek the court to hold him in civil contempt for failing to produce his financial documents and have him held in jail until he produces the documents. It sounds like you may have already tried this but the arrest warrant should work and he can purge himself out of jail when he decides to produce his financial documents.
Alternatively, you can have a trial using the evidence and documentation you already have and ask the court to grant what you want in regards to alimony and equitable distribution (i.e. making PSS terms alimony and 50% of his retirement as you mentioned). If he’s properly noticed for the hearing/trial and does not show up, then he cannot contest your evidence, testimony, or requests of the court.
You can still get a divorce even without alimony and equitable distribution being finalized as long as the claims for both alimony and equitable distribution are pending at the time the divorce judgment is entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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