how many payments have to be missed in divorce settlement before I can file suit
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how many payments have to be missed in divorce settlement before I can file suit
It stipulates in my divorce decree that I receive 2000 monthly payments for ‘division of property’ not alimony also there are two lump sum payments of 10,000 each due me next year. My ex wants me to add a DBA to my bank account so he can write me checks out of the business, send me a 1099, then he writes off the payments as an expense. I would not agree so he is withholding my payments trying to strong arm me into doing what he wants. I depend on those payments each month and he knows it. How can I make him honor his commitment to me and stop trying to bully me?
Asked on October 1, 2017 under Family Law, Arkansas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There isn't any specific number of payments that have to be missed before taking legal action.
The fact that he is not making the payments required by your divorce decree would be grounds for pursuing contempt of court.
You will need to file an Order to Show Cause to schedule a hearing for contempt of court. Prior to filing that document, call the court clerk to schedule a hearing date and include the date/time/department in the Order to Show Cause.
With the Order to Show Cause, also file your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim and any other documents or other items as supporting evidence of your contempt of court claim along with a proof of service (court form).
File your documents with the court and mail a copy of your filed documents with the proof of service to your ex to provide him with notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if there are any other required documents to file for contempt of court because the required documents may vary from state to state.
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