Hi there. Any advice on my current situation would be greatly appreciated.
The Equitable Distribution document that was filed during my mediation stated that my ex is to pay half of a debt we owe to the IRS. The debt was incurred during our marriage. I paid my half but he has yet to do so. And you know the IRS, they still want their money.
How do I file a motion to get him to pay? My first guess was to fill out the “Motion for Order to Show Cause and Motion for Contempt” form. Is that the right one? I’d rather not hire a lawyer and just take care of this on my own.
Thank you in advance for your attention and advice.
Regards,
Kim
If you have a court order that obligates your ex-husband to pay a debt and he has not (and you can prove he has not), then yes, you would need to file a Motion for Order to Appear and Shows Cause. This is a motion seeking to hold the party in violation of the court order in contempt of court.
If you have a separation agreement that obligations your ex-husband, then you would need to file a breach of contract lawsuit. The Motion for Order to Appear and Show Cause would not apply.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks again for your helpful comments Anna.
This might fall into your second statement about the separation agreement. So, perhaps my “Motion for Order to Show Cause…” form is no good and I need to file a breach of contract suit. The document that states he owes half the debt is our Equitable Distribution document that was a result of our mediation during divorce.
So, I’m trying to figure out if this comes under the category of “court order” or would it be a separation agreement? We were not in court when the ED document was drawn up. We were in the mediators office. His lawyer was present and I was pro se.
Your advice is so valuable. Thanks so much for your reply.
Kim
You can determine which type of document you have by looking at the first page. It is possible to have signed either a consent court order or a separation agreement at the mediator’s office.
For a court order, the first page of the document will have a case heading (Wife’s Name v. Husband’s Name), and it will have a file number in the top right corner (for example, 17 CVD 1234). There will also be a file stamp on the first page indicating the date and time it was filed with the court. The end of the document will have a judge’s signature.
For a separation agreement, the top of the page will simply say “Separation Agreement and Property Settlement” or something similar. There will be no file number and no file stamp. The end of the document will only have your signature and your spouse’s signature - there will be no other signatures.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.