How to file a motion for non-payment of alimony?

We divorced almost 2 years ago after a marriage of 26 years. Alimony is for $600 per month for about another 7 years. However, he stopped paying this month just because he felt like it. He has a pension and SSI and a job but wants to retire so I think that’s why he stopped. Can I do a pro-se myself?

Asked on July 20, 2012 under Family Law, New York

Answers:

Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

Your ex-husband is intentionally violating a court order.  Usually, the best thing to do, is to file a "Order to Show Cause", or it's equivalent in the court that issued the order.  You can file these documents yourself. However, I would suggest hiring an attorney and, as part of the "Order to Show Cause", request that he pays the attorney's fees.  Court's frown on people intentionally violating court orders and should award you your costs for having to bring the action.

Hope this helps.


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