What is the best way to pursue unpaid spousal support in Colorado?
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What is the best way to pursue unpaid spousal support in Colorado?
My ex-husband has defaulted for the second time on his court-ordered support. I have not contacted him about this second default though we did go to court over the first one, due to the fact that our divorce was caused by his arrest on domestic violence charges against me. What is the best way to pursue getting the support I am due? I no longer have an attorney, as I had to pay over 20,000 in legal fees for my divorce.
Asked on August 18, 2016 under Family Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can pursue contempt of court against your ex-husband.
You will need to file an Order to Show Cause (court form) for a hearing (call the court clerk to schedule the hearing) and a declaration signed under penalty of perjury with the supporting facts that your ex has not paid spousal support in violation of court order. You should also include any other supporting documents as evidence. Attach a proof of service which verifies the date of mailing a copy of your court-filed documents to your ex or his attorney if he has an attorney. Mailing a copy of the documents you filed with the court for the contempt of court hearing to your ex or his attorney provides your ex with notice of the hearing.
Check with the court clerk before filing your documents with the court to be certain you have filed all the required documents for the contempt of court hearing because the required documents may vary from state to state.
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