What to file; contempt of court?


#1

Dear avictim:

Greetings. You can file a Motion to Show Cause on the www.nccourts.org website. Go to local rules, wake county, and then find the correct Motion and Order to Show Cause form.

Fill in the form, take it to court, have the judge sign it, and then have it served by Sheriff on your ex. Attend the hearing, get your money and a court order, follow through and make sure the IRS gets paid.

Good luck!

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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

Hi! Does it matter if the divorce is out of brunswick county and not wake county? She lives in brunswick county, I live in Wake, but the divorce and the incorporated sep agreements were entered in brunswick county. I call brunswick up and they say I need to hire an attorney. I call my attorney, and he wants $2500 to do just that, but recommends I pay the full non-refundable $5000 retainer and go for full custody and piggy back the other issues with that…


#3

As far your IRS, you both are liable for that if you filled joint and when you file seperate they will take both of you alls refund untill the debt is paid but the trick is that whoever files first the will take all of their refund and if theres a balance they will take the rest from the other person so the key is to file last and don’t do rapid put it in the mail.


#4

i have already paid it off in full…

i paid 2900. she paid zilch.


#5

Then most definitely file the motion. It may be that you can file this yourself without an attorney since you have a court order, and proof that you paid the entire amount. I suggest calling the courthouse, in the county where the agreement was entered and asking them what form number you would use to file a “motion to show cause” for contempt of a court order. That will make it easier for you to find the right form. Let them know that the court order was entered there and that you are not asking for legal advice but you do not have an attorney and will be filing this yourself, so you would like to know exactly what to do with the form once it is filled out. They may be able to give that information without too much trouble.
What you need to do first is, go to the site Ms. Fritts mentioned and find out the court cost, figure the amount of money that your ex is likely to have to pay you back for you paying the full amount and see if it’s worth it to you to go back to court. [:(] Sadly, it may not be worth the time, effort or money for this


#6

Ms. Fritts,

      The divorce judgement along with INCORPORATED seperation agreements was entered as a court order in brunswick county.   I did see wake county's form but nothing for brunswick.  I have tried calling them and their response is "hire an attorney".  My attorney wants 2500.00 for this which I know is way way way too much just to file a form, or he wants the full 5000.00 non-refundable retainer for a custody battle.  I have neither right now.  Can you tell me if I can file for the motion to show cause in wake county or do I have to go through brunswick county (kangaroo) court?  The don't seem too cooperative down there...

thanks…


#7

ok, i found the right form:

AOC-CR-219. At least that’s what it appears to be since Brunswick county doesn’t have any unique form for motion to show cause.

So I just fill this in and take it to the clerk of court? Would they accept a fax? It’s a 6 hour round trip to do this, but if I could fax, that would work…

When you said take it to the court and have the judge sign it, do you mean I must physically appear before a judge? If so, I do I schedule that??? I hope not and I would think there is a way around this and I am sure this happens alot, long distance motions…I am hoping you meant just get it to the clerk ok court and they would submit for signing??

thanks…


#8

ok, i am confused and frustrated.

i cannot find any motion to show cause form applicable to my situation. She is in contempt of court order, that order being contained in the sep agreements.

brunswick county doesn’t have any forms listed for that like wake does and htis order was entered in brunswick county. i did find the order, but i assume that is what the judge fills out??? so i have to fill out some form that brunswick county is hiding from me so that a judge can then isseu the order??? this is so convoluted…

can you help?? for brunswick county? or can i file the motion in wake???

thanks…


#9

Best bet is to go to the court house and ask in person. Don’t leave until they give you the forms.

The people that work there are very lazy and it’s easy for them to blow you off over the phone. I had to argue with them about what their job was. After about 10 mins they realized that it was there job and the forms were right behind them.

Pretty sad.


#10

Ok. After thinking things through I came to the conclusion that I needed to call brunswick county and ask them of any special forms to file a MOTION to show cause. The replied, there is no special form and I replied “so i just type something up and give it to you?” she stated yes. She also stated, after I asked if mailing is ok, that I can mail it to them, as long as I have it notoraized before doing so. So the plan is to do this:

use wake county’s motion for order to show cause form (wak-dom-5a) and fill in the blanks, but changing anything that says wake county to brunswick county if applicable. – done

affix the divorce decree which includes the court order in the sep agreements to the form as well as the letter from my tax person stating how much she owes as well as the proof that i have paid it all off. That last part, the tax letter and the proof, is that required up front? Or is that something the judge will ask for at the hearing?

Also, can i seek damages related to lost wages and mileage due to attending the hearing if i prevail? If she is indeed found in contempt? Our agreements state atty fees but since i am not using an atty, i would think other damages would be compensatable such as parking, mileage on car, lost wages. Mileage is significant, 400 miles round trip.

As far as the certificate of service in that form, that’s filled out to reflect me mailing the forms to brunswick county right?

thanks…


#11

I am divorced as of the end of september. The seperation agreement was incorporated into the divorce and is now a court order. My ex, has failed to pay their portion of the taxes due for ty 2005 as indicated in the seperation agreeement. The agreement does not state a dollar amount, rather it states each party will be benefited or burdened by the refud/tax due for that year in proportion to his/her income. I owed and paid the lion’s share, with the rest still owed. If not paid by next month, the irs will commence collection against one of us, probably me. My attorney previously told me, that it is simple as going to the court and filing a motion for contempt, now, I can’t seem to reach him, and when I call the court, they are clueless and state, I need an attorney. What is the best way to handle this?

thanks…