Where do I file a contempt of court regarding non-payment of alimony, if my ex-husband has moved since our divorce was granted?

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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 10 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. 


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