Contempt enforcement

[armywifenc]

What is the name of your state? NC
In January my friend's ex-husband pled guilty to contempt charges for failing to pay credit card debt as ordered in their divorce. He was given 30 days to come current, or be incarcerated. It was further ordered that if he fell behind in his payments at any point in the future, he would be incarcerated.

He did come current within those 30 days, but since has fallen behind. My girlfriend has yet to receive a copy of the order from her attorney despite constant phone calls to his office. My questions are as follows:

1) What can she do to get a copy of the order? Would contacting the court directly help?
2) Is there a time limit that the attorney must follow to provide a written order for the judge to sign after it has been entered by the court?
2) How does she have her ex-husband arrested and does it involve another Motion to Show Cause?

While my friend does plan on filing a grievance with the State Bar, it will not help her in the immediate future. Her ex-husband is set to be deployed (he is in the Army) for a year and she needs to know how to keep him abiding by the order. Any help is appreciated.

[Bali Hai]

Originally Posted by armywifenc

What is the name of your state? NC
In January my friend's ex-husband pled guilty to contempt charges for failing to pay credit card debt as ordered in their divorce. He was given 30 days to come current, or be incarcerated. It was further ordered that if he fell behind in his payments at any point in the future, he would be incarcerated.

Jailed for not being able to pay a credit card debit?? Why I've never heard of such a thing!

He did come current within those 30 days, but since has fallen behind. My girlfriend has yet to receive a copy of the order from her attorney despite constant phone calls to his office. My questions are as follows:

1) What can she do to get a copy of the order? Would contacting the court directly help?
2) Is there a time limit that the attorney must follow to provide a written order for the judge to sign after it has been entered by the court?
2) How does she have her ex-husband arrested and does it involve another Motion to Show Cause?

While my friend does plan on filing a grievance with the State Bar, it will not help her in the immediate future. Her ex-husband is set to be deployed (he is in the Army) for a year and she needs to know how to keep him abiding by the order. Any help is appreciated.

Tell her to pay the credit card debit that she probably ran up anyway.

He has better things to do, like defending her right to incur debit with no responsibility.

[armywifenc]

This was joint debt from the marriage. It was in addition to alimony, and it is debt that he continued to run up after the divorce. Since she cant be removed from open accounts, he was ordered to pay it off and close the accounts. He has not done so, and her credit is being compromised. She has been paying on the accounts to keep them from going into collections, and he is now ordered to pay her directly.

I asked for advice and you made an assumption on my friends character. The judge had already done that from evidence presented, and it was her ex-husband that had been found lacking.

[Bali Hai]

Originally Posted by armywifenc

This was joint debt from the marriage. It was in addition to alimony, and it is debt that he continued to run up after the divorce. Since she cant be removed from open accounts, he was ordered to pay it off and close the accounts. He has not done so, and her credit is being compromised. She has been paying on the accounts to keep them from going into collections, and he is now ordered to pay her directly.

I asked for advice and you made an assumption on [b]my friends character. The judge had already done that from evidence presented, and it was her ex-husband that had been found lacking.

Well, that was a point that I failed to give consideration.