I divorced in one state and now live in another and my ex stopped paying my alimony last month, how, what and where do I file?

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I divorced in one state and now live in another and my ex stopped paying my alimony last month, how, what and where do I file?

I already lowered it to $600 per month. It’s been less then 2 years that he has been paying. I just recieved a letter from him telling me he will not pay me anymore and he feels he has paid enough. I was married to him for over 25 years. He collects a pension, SSI, has a job and lives in his girlfriend’s house.

Asked on July 21, 2012 under Family Law, New York

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

You stated that you were married 25 years, and that your ex husbnad stopped paying alimony.  As long as there is a court order which required your ex to pay a certain amount of alimony either on a termporary or permanent basis, then the proper procedure would be to file a "motion for contempt" with the court from which the Order was issued.  If you reside in a different State, then you will need to domesticate the foreign decree in the new State.  You should seek the assistance of an experienced attorney to file the appropriate pleadings.

Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

If you have an agreement or court order that he is to pay you, you should file a motion to enforce litigants rights. This is an application in which the court can order him to catch up the payments, issue an arrest warrant for for his failure to do so and award you attorneys fees for having to file the motion in the first place.

You should speak with an experienced attorney in this area.

Brad Micklin, ESQ.
187 Washington Ave.
Nutley, NJ 07110
973 – 562 – 0100
Email: [email protected]


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