If my father has completely stopped paying my mother court ordered maintenance, and has moved out of state, is there is anything she can do?

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If my father has completely stopped paying my mother court ordered maintenance, and has moved out of state, is there is anything she can do?

He stopped paying over a year ago.

Asked on October 30, 2015 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Not necessarily true: a legal action can be brought against him in any state (i.e. whatever state he resides in) to enforce the court order, because all U.S. states will enforce orders from the courts of all other states. That said, it is certainly more expensive and complicated to bring a legal action in another state, and if your father still refuses to pay even after being ordered by the courts of his new home state, you'd have to go to collections actions and/or hope that he relents if he is found in contempt of court, and following up to the money will itself cost more time and money. It is possible that--especially if he has little income or few assets, or has only a cash-based income which is difficult to document--that it would not be worth the cost to pursue him.


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