WRIT of Bodily Attachment

[djd]

What is the name of your state? TN
I received a WRIT of Bodily Attachment from an attorney in Florida but I live in Tenn. This is for back alimony I didn't pay because my divorce decree said if she was with a man with intentions of getting married I wouldn't have to pay the alimony (I never took her to court to prove it). Well she has broken up with the man she was going to marry and now wants back money. How hard is it for her to come to Tenn to collect?

[Gracie3787]

Originally Posted by djd

What is the name of your state? TN
I received a WRIT of Bodily Attachment from an attorney in Florida but I live in Tenn. This is for back alimony I didn't pay because my divorce decree said if she was with a man with intentions of getting married I wouldn't have to pay the alimony (I never took her to court to prove it). Well she has broken up with the man she was going to marry and now wants back money. How hard is it for her to come to Tenn to collect?

She doesn't have to go to TN to collect. Apparently a motion for contempt was filed and granted by the Fl. court. The court has issued a writ of bodily attachment- meaning that you will be arrested and brought before the Fl court. You really should have filed to modify the order when you needed to. Now the only thing you can do is to pay the arrears to keep yourself out of jail.

[djd]

I went back and looked at the document and it says "a WRIT maybe filed". So is it a recommendation to drive to Forida for the court date and explain why the monies was not sent (she was to get married and the divorce decree stated when she was with a man with the intentions to marry) I didn't have to pay alimony. Before that I never was late on a child support or alimony payment.

[Gracie3787]

Originally Posted by djd

I went back and looked at the document and it says "a WRIT maybe filed". So is it a recommendation to drive to Forida for the court date and explain why the monies was not sent (she was to get married and the divorce decree stated when she was with a man with the intentions to marry) I didn't have to pay alimony. Before that I never was late on a child support or alimony payment.

Is that county's court dockets available on line? (If you don't know, Google the county name and court clerk's office). First check the docket to see if a motion for contempt has already been filed. If one has, you'll need to appear in court for the hearing, if you don't a writ will most likely be issued by the court. If nothing has been filed, you can file a petition to modify, but before doing that make very sure that you can PROVE that she intended to marry.
Does your court order actually specify "intent to marry"? That would be rather unusual for a Judge to word an order that way, but if that is what it says and you can prove her intent, you should be able to get it modified.

[djd]

Gracie3787, thank you for trying to help. The records in the county say they are private and you can not see them. I'm not great at this stuff so I had to dig up the old decree and it says I have to pay the alimony until she "remarries, coabits with another person with the indicia of marriage or I die. I know her name has changed but I've been unable to prove she married/divorced this guy she was with so long. He came to our daughters wedding and all the events but I never got to hear his name, but they are no longer together. The paperwork I'm getting shows her old name even though I've seen her new name on an email that our daughter forwarded and it was the same name as I was told she went by now. I've always paid perfectly and do not appreciate some one making me out to be one of those dead beat men. So again I thank those that are trying to truly help a "person" not a man.

[Bali Hai]

Originally Posted by djd

Gracie3787, thank you for trying to help. The records in the county say they are private and you can not see them. I'm not great at this stuff so I had to dig up the old decree and it says I have to pay the alimony until she "remarries, coabits with another person with the indicia of marriage or I die.

And if she dies??

I know her name has changed but I've been unable to prove she married/divorced this guy she was with so long. He came to our daughters wedding and all the events but I never got to hear his name, but they are no longer together. The paperwork I'm getting shows her old name even though I've seen her new name on an email that our daughter forwarded and it was the same name as I was told she went by now. I've always paid perfectly and do not appreciate some one making me out to be one of those dead beat men. So again I thank those that are trying to truly help a "person" not a man.

Keep up the good work. You have a long way to go.

[Gracie3787]

Originally Posted by djd

Gracie3787, thank you for trying to help. The records in the county say they are private and you can not see them. I'm not great at this stuff so I had to dig up the old decree and it says I have to pay the alimony until she "remarries, coabits with another person with the indicia of marriage or I die. I know her name has changed but I've been unable to prove she married/divorced this guy she was with so long. He came to our daughters wedding and all the events but I never got to hear his name, but they are no longer together. The paperwork I'm getting shows her old name even though I've seen her new name on an email that our daughter forwarded and it was the same name as I was told she went by now. I've always paid perfectly and do not appreciate some one making me out to be one of those dead beat men. So again I thank those that are trying to truly help a "person" not a man.

Some county's do have that little "private" thing online. Then the only way to find out if a motion has been filed is to check the file yourself. Since you are out of state, do you know anyone in that county who can go to the courthouse for you? In person, the files are all public record. Sometimes a court clerk can verify over the phone if a particular document has been filed or not. Try calling the clerk's office, explain that you are an out of state party to the case and ask if a contempt motion has been filed or not. Hopefully you'll get a helpful clerk who can just pull it up on thier computer screen and say yes or no.