Military divorces are a pain but when one is done in NC it is even more confusing. Many times even though they can pay the missed payments they won’t for spousal mainentance. DFAS wants judge signed orders etc… So support collectors are helpful. In part they take a finders fee. If something haves to be done they hire an atty. say they owe you for 6 months of missed payments and there was even a small claims on this so if was awarded how would the interest calculate on say $5000. He is willfully not wanting to pay. There is still property with her name on it because he did do the debts and obligations the order stated to turn it over to him so would a judge force the sale of the property and give her proceeds? This is on an ED Order of 2012
If a court order is not being followed, you would need to file a contempt motion (called a motion for an order to appear and show cause).
Unless the agreement or order states specifically, there is no interest on missed or late support payments.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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