Where do I file a contempt of court regarding non-payment of alimony, if my ex-husband has moved since our divorce was granted?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Where do I file a contempt of court regarding non-payment of alimony, if my ex-husband has moved since our divorce was granted?
My ex-spouse was ordered to pay alimony but has not submitted any payments thus far. I’m not sure what state to file the contempt in. At the time of the divorce he resided in GA; I resided in AL; the divorce was filed in a Georgia court. Since then he has moved back to AL. So do I file the contempt in AL or GA?
Asked on November 29, 2010 under Family Law, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If both you and your ex-spouse are now residing in Alabama, file the contempt proceeding in the courts in Alabama. The Courts of one state will recognize the order entered in to by another state under various theories, but the most recognized is the Full Faith and Credit provision under the Constitution of the United States. As long as the judgement of divorce was properly granted - residency of the Petitioner was established to bring the action, jurisdiction was obtained over the Respondent, etc., - then you should be fine. The courts and Judges in Alabama will be able to make a decision on the case and you should be able to have the matter resolved. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.