Motion to Show Cause


#1

Dear newwife:

Greetings. No, he or his attorney must file an action, not you. Sorry, but he must bite the bullet and do the “dirty work” of filing the motion himself. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your response. just two more questions! If our attorney files a motion can she represent my husband in court? If we send notice to his ex wife that she is willfully not complying (we have emails from her that state she is no longer co-parenting with him) can we sue for attorney’s fees? Thanks so much. This forum is a wonderful service, and so valuable to us working our way through.


#3

Dear newwife:

Greetings. Yes, if your attorney files a motion on behalf of your husband (and there are no ethical conflicts) of course they can represent him in court. Yes, you can request attorney fees for any contempt proceeding. Make sure to request them in the motion though and to keep track of all funds/time spent on your file. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My husband went to considerable expense to work out a voluntary consent order with his ex-wife. Neither he or his ex-wife pay child support, and expenses are to be split(my husband’s idea) and reconciled on a monthly basis(her idea). Also, each year they are to compare health insurance and go with the least expensive plan. She will not provide information, nor has she paid her 1/2 of the expense. She insisted my husband put the kids on his health insurance even though he had individual coverage and her husband already had the kids on his health plan, and was not paying additional premium as even without the kids, they share a daughter and require a family plan anyways. Since the order has been in place, she has refused to comply. She will not submit expenses, will not split expenses, and provides for the kids only when she sees the need (which isn’t often). Meanwhile, they come to us for everything, and her for nothing. Please don’t get me wrong, we have no problem with being there for the kids, it just ticks us off that she gets off the hook everytime. Sometimes it’s not a big deal, but what about college, car insurance, etc.? The issue is money (which always makes things get ugly) and her general lack of support when it comes to the things the kids need. My husband is fed up with the whole thing and is unsure how to proceed. I suggest filing a motion to show cause, but he has an aversion to domestic court based on past experiences. My question is - does he or his attorney have to file a motion, or am I, as an interested party, able to do so?
Thank you for your time.