How do I take my ex to court for contempt for not paying our my daughter’s college tuition?

It is in divorce for him to pay 50% for college.

Asked on September 26, 2017 under Family Law, Alabama


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

For contempt of court against your ex, you need to file an Order to Show Cause to have a hearing on this issue.  Before filing the Order to Show Cause, call the court clerk to schedule a date for the hearing and include that hearing date/time/department in the Order to Show Cause.  Also file your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim.  You can also file any additional supporting evidence of your contempt of court claim.  File all of these documents and a proof of service (court form) with the court.
After filing your documents with the court, mail a copy of all the documents you filed including the proof of service to your ex.  The proof of service verifies the date of mailing and serving the documents by mail provides your ex with notice of the hearing.
Before filing your documents with the court, check with the court clerk to be certain you have included all of the required documents for a contempt of court proceeding because the required documents may vary from state to state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.