DoI have to file an enforcement motion in the same county in which my divorce was granted?

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DoI have to file an enforcement motion in the same county in which my divorce was granted?

He is not paying court ordered spousal maintenance or other debts ordered. He lost his job last year but got a new job. He told me that he wasn’t making as much money anymore so he didn’t have to pay me. He took the house off the market which was to be sold and leased it without talking to me. I am on disability and have not been able to get a hold of legal aid. I can barely afford to pay bills and am getting to point of not doing that. He has good lawyer.

Asked on June 18, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen you may indeed qualify for help from legal aid and I think that it would be in your best interest to speak with them in this matter.  He is obviously violating a court's order.  How the courts in your area deal with that procedurally is really specific to the area.  In New York the party seeking to file the motion would file it in the court that retains jurisdiction after the decree was entered.  And many times a motion will indeed be referred back to a Judge that issued it.  You can also file for contempt against your ex husband, something that may land him in jail. But how to do this the best way for you strategically is best known to an attorney in your area.  Good luck.


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