Violation of Court Order paying for activity

1

I would like to take action on spouse’s non-compliance of the Consent Order 6months ago in regards to paying half of our child’s sport activity fees. Since July, I have asked via text, email and in person to arrange payment with the organization directly. His response has been that I owe him $X for overpayment of xyz. I have pointed out his 401K is E.D. and unrelated to the Consent Order which is for custody and is a closed case. I did not point out that our attorneys are released from any future dealings per the Consent Order closing statements with all of our signatures.

It is clear and evident to me he is willfully and intentionally not complying with the Consent Order.

Seeking advice for filing motion for contempt of the Order being violated:

  1. What should I be aware of, leery of, or need to seriously consider?

  2. Should I use the “Notice of Motion Hearing” template [I have one that was accepted for court hearing I filed as Pro Se earlier this year? Or what is the appropriate form or tell me where/how to find it?

  3. I plan to choose the court hearing date to be with same judge who signed the Consent Order. This is proper, correct? Or does it matter? Or?

  4. Since our attorneys have been “released” from the Consent Order, I am thinking I mail the Notice via certified mail to spouse directly. Correct?

  5. Do I need anything else in supporting information to show non-compliance?

    Organization has provided an account history and has verbally confirmed spouse has not provided any payment.

    I can print email and text correspondence showing I reached out multiple times. His responses have been via text and in person.

    I have given him a deadline to comply as stated in my email this month.

FYI - I’ve reached out via email to my attorney who represented me in the Consent Order and I was offered a meeting in the office…I chose not to schedule yet - I’m ticked no answer provided in an email response. I wonder if filing for this specific item is not as simple or clear as I think it is.

2

(1) Unless payment of the child’s activity is conditioned on some other payment from you to your spouse, then the two payments are completely separate and not dependent on one another. If the court order states that he is to pay a certain expense by a certain time, he has the means and ability to pay it, and he is refusing to pay it, then he would be willfully violating the order. You want to make sure the court order is clear on his obligation before you file a contempt motion (motion and order to appear and show cause).

(2) That form sounds appropriate to use (it sounds like this is a local form specific to your county). You will want to file (1) motion for order to appear and show cause, (2) notice of hearing, and (3) a certificate of service for both the motion and the notice of hearing. You will also want to submit a prepared order to appear and show cause for the judge to sign - this is a court order requiring your spouse to come to court and show good cause as to why he should not be held in contempt of the court order.

(3) Your county’s local rules will determine calendaring of court dates but generally yes, you will want to calendar a contempt/show cause motion with the same judge that signed the underlying order.

(4) Yes, if the opposing party’s attorney has been released/allowed to withdraw from the case, you would serve your husband directly. You can serve by regular mail since this is not a new court action, as long as you file a certificate of service. Certified mail is always an option as well, but not required in this instance.

(5) This sounds good, although you would not be able to enter into evidence at trial the organization’s account history documentation as this would be hearsay without the business records custodian of that organization present and able to testify.

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.

1 Like
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Thanks for yourHelpful feedback!!!

About #5 - why is “documentation” considered hearsay when it’s an account history printed directly from their database? It’s a printed history of fees charged and paid for… from which the total $ amount he is in arrears can be derived… and then be ordered to comply.

I’d rather not ask the bookkeeper to testify. She has another job in addition to this organization. it is terrifying to be on the witness stand (for most people).

5

The printout from the organization is hearsay if you are trying to prove the truth of the matter asserted in the document (if you are trying to prove the exact payments on the exact dates) since you did not create this document.

However, you may be able to have it admitted into evidence for a different purpose, such as merely showing that such a record exists or showing how you come up with the arrearage requested. You can definitely have it admitted for the truth of the matter asserted in the document if the business records custodian completes a business records custodian affidavit in lieu of testimony.

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.

6

Wow thanks! You are wonderful! After my reply I thought I could get bookkeeper to get her signature and statement notarized “the information on this document was generated directly from the official “xyz” database”.

Thanks again for your help!!! Today is the deadline I provided for my soon to be ex husband to comply.

Have a peacefully wonderful weekend!

8

Great, I am glad you could get this resolved. Oftentimes the threat of litigation or the threat of a contempt motion is enough to get the other party to follow through.

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.