What can I do if my ex is not complying with court orders?

My ex-husband was ordered to pay spousal maintenance, my car payment, and also my attorney fees. All of this was to be paid out of our business account. He has done none of the above. I’m not even sure how I am supposed to go about having him pay for my attorney? Needless to say, he has set up another court date in which he has a lawyer and now I can’t afford one. Any recommendations would be greatly appreciated.

Asked on May 7, 2017 under Family Law, Texas

Answers:

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

Answered 3 years ago | Contributor

Your only recourse is to pursue contempt of court against your ex for failure to comply with court orders.
You will need to file an Order to Show Cause to request a hearing for contempt of court.  Call the court clerk to schedule a hearing date.
In addition to the Order to Show Cause, file a declaration signed under penalty of perjury stating the facts as to how your ex has failed to comply with court orders.  Also, file any additional supporting documents as evidence of contempt of court  by your ex.  File all of these documents at the same time with a proof of service (court form) attached.  After filing your documents including the proof of service with the court, mail a copy of all the documents you are filing to your ex so that he will have notice of the hearing.
Ask the court clerk prior to filing your documents if any additional documents are required for contempt of court because the required documents may vary from state to state.


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