how many payments have to be missed in divorce settlement before I can file suit

It stipulates in my divorce decree that I receive 2000 monthly payments for ‘division of property’ not alimony also there are two lump sum payments of 10,000 each due me next year. My ex wants me to add a DBA to my bank account so he can write me checks out of the business, send me a 1099, then he writes off the payments as an expense. I would not agree so he is withholding my payments trying to strong arm me into doing what he wants. I depend on those payments each month and he knows it. How can I make him honor his commitment to me and stop trying to bully me?

Asked on October 1, 2017 under Family Law, Arkansas


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

Answered 3 years ago | Contributor

There isn't any specific number of payments that have to be missed before taking legal action.
The fact that he is not making the payments required by your divorce decree would be grounds for pursuing contempt of court.
 You will need to file an Order to Show Cause to schedule a hearing for contempt of court.  Prior to filing that document, call the court clerk to schedule a hearing date and include the date/time/department in the Order to Show Cause. 
With 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 and any other documents or other items as supporting evidence of your contempt of court claim along with a proof of service (court form). 
File your documents with the court and mail a copy of your filed documents with the proof of  service to your ex to provide him with notice of the hearing.  The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if there are any other required documents to file for contempt of court 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.