What is the name of your state (only U.S. law)? Florida
The divorce settlement agreed to in August 2013 with my ex-husband calls for $1,100/month in spousal support for 2 years, $2,000/lump sum payment by November 30, 2013 and repayment of a personal loan, his alone, in the sum of $335/month with a $3000.00 balance. We were married for 13 years. I am 59 and wanted a little bit of help getting settled in a less expensive life. I wasn't asking to be supported by him for the rest of my life.
He has had numerous jobs in the years we were married. He is very intelligent and highly skilled in his field. When the settlement was reached he was making $80K a year, I make $29K. I had my own service business for 16 years but ending up losing it because we moved a lot for him to find job after job. I took an office job making $14/hour two years ago and I am still there at $14/hour. He couldn't seem to stay at one job for more than 6-9 months at a time or less but when he does work it's always in the $80K to $100K+ range. While my business didn't make us rich it did support us during hard times, helped pay his child support and college expenses for his two kids. We had no children of our own. We've been thru losing our home, filing bankruptcy and some serious, hard long distance moves for him to get another job.
He moved out of the marital home in December of 2012 to take a job out of state after a short bout of unemployment. He did not ask me to move with him, he accepted the job without telling me, cleaned out our joint account behind my back and left.
I know... This is the same tired, stale, trite story many people have lived thru and I am not any different.
I have done a little bit of research on filing a motion for contempt and, accurate or not, part of that advice was to try to determine some basic facts. Is he still working, how is he paying his bills, why isn't he paying me, will he ever pay me again? Of course, he will not answer most of those questions. He says he is now again out of work (the $80k a year job) and a friend is paying his bills. This would be the girlfriend he had before we got divorced - out of state, out of mind.
(I don't care about that, honestly. She is welcome to him but I am sorry he has latched on to another woman who owns her own business and home. He did the same thing to me. I wasn't the first and it looks like I won't be the last. Hindsight IS 20/20.)
He did also say that if I was going to "throw" him "in jail" a "heads up would be nice" so he could "give away his towels". Whatever that means. I don't want him in jail, what good is that for anyone?
At present, he is $2,750 behind in spousal support, I never saw the $2000 lump sum payment in November and he's 3 months behind on the personal loan he was ordered to pay.
Finally to my need for assistance... Filing a Motion for Contempt is the easy part. I will have to do it pro se as I borrowed to pay my divorce attorney and I cannot borrow anymore from anyone.
The hard part is proving my case. Going pro se, how do I gather evidence, witnesses, etc. or am I just dreaming that I even have a chance? Is he required to physically attend a hearing; not sure I want to see him in person. Our divorce was by conference call.
Can I subpeona records or can only an attorney do that?
Thank you for any help.
The divorce settlement agreed to in August 2013 with my ex-husband calls for $1,100/month in spousal support for 2 years, $2,000/lump sum payment by November 30, 2013 and repayment of a personal loan, his alone, in the sum of $335/month with a $3000.00 balance. We were married for 13 years. I am 59 and wanted a little bit of help getting settled in a less expensive life. I wasn't asking to be supported by him for the rest of my life.
He has had numerous jobs in the years we were married. He is very intelligent and highly skilled in his field. When the settlement was reached he was making $80K a year, I make $29K. I had my own service business for 16 years but ending up losing it because we moved a lot for him to find job after job. I took an office job making $14/hour two years ago and I am still there at $14/hour. He couldn't seem to stay at one job for more than 6-9 months at a time or less but when he does work it's always in the $80K to $100K+ range. While my business didn't make us rich it did support us during hard times, helped pay his child support and college expenses for his two kids. We had no children of our own. We've been thru losing our home, filing bankruptcy and some serious, hard long distance moves for him to get another job.
He moved out of the marital home in December of 2012 to take a job out of state after a short bout of unemployment. He did not ask me to move with him, he accepted the job without telling me, cleaned out our joint account behind my back and left.
I know... This is the same tired, stale, trite story many people have lived thru and I am not any different.
I have done a little bit of research on filing a motion for contempt and, accurate or not, part of that advice was to try to determine some basic facts. Is he still working, how is he paying his bills, why isn't he paying me, will he ever pay me again? Of course, he will not answer most of those questions. He says he is now again out of work (the $80k a year job) and a friend is paying his bills. This would be the girlfriend he had before we got divorced - out of state, out of mind.
(I don't care about that, honestly. She is welcome to him but I am sorry he has latched on to another woman who owns her own business and home. He did the same thing to me. I wasn't the first and it looks like I won't be the last. Hindsight IS 20/20.)
He did also say that if I was going to "throw" him "in jail" a "heads up would be nice" so he could "give away his towels". Whatever that means. I don't want him in jail, what good is that for anyone?
At present, he is $2,750 behind in spousal support, I never saw the $2000 lump sum payment in November and he's 3 months behind on the personal loan he was ordered to pay.
Finally to my need for assistance... Filing a Motion for Contempt is the easy part. I will have to do it pro se as I borrowed to pay my divorce attorney and I cannot borrow anymore from anyone.
The hard part is proving my case. Going pro se, how do I gather evidence, witnesses, etc. or am I just dreaming that I even have a chance? Is he required to physically attend a hearing; not sure I want to see him in person. Our divorce was by conference call.
Can I subpeona records or can only an attorney do that?
Thank you for any help.
