how do I collect my court ordered alimony payments?

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how do I collect my court ordered alimony payments?

I have a court order for child support and alimony but my ex stopped paying all payments as of 11/1/2016. as a result i lost my apartment and agreed to temporarily let the kids stay with him. which I understand was the hole point of him withholding payments to get the kids. We have joint custody of the kids and I understand his dispute on paying the child support during the months the kids are with him, however the alimony payment are what I am concerned about at this time he has stopped all payments to me and I want to know how I can enforce the order for him to pay alimony payments and the past due payments he owes me.

Asked on September 28, 2017 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

Your recourse is to pursue contempt of court against your ex.
You will need to file an Order to Show Cause with the court for a hearing on contempt of court.  Prior to filing your Order to Show Cause, call the court clerk to schedule a date for the hearing.  Include the date/time/department of the hearing in your Order to Show Cause.  You will also need to file a declaration signed under penalty of perjury stating the facts in support of your contempt of court claim.  You should also file any additional documents or other items that provide supporting evidence of your contempt of court claim.  File all of these documents and a proof of service (court form) with the court.  Then, mail a copy of all of the documents you filed with the court to your ex to provide him with notice of the hearing. The proof of service verifies the date of mailing and is included with the documents you are serving on your ex.


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