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

Answers:

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.


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