Where can I find the proper documentation to be able to correctly write and file a Motion of Contempt against my ex-husband?

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Where can I find the proper documentation to be able to correctly write and file a Motion of Contempt against my ex-husband?

My ex was supposed to have assumed an outstanding loan and to pay it off and he never did. The item was repossessed and the account has gone into collection, with my name on the loan, therefore negatively effecting my credit score. I want to make sure that I have the correct verbage in the motion. I want him to be held responsible for tarnishing my credit. He is also behind on Child Support but I am working with Child Support Enforcement on that.

Asked on November 4, 2010 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The best person to guide you in this matter is an attorney in your state.  But generally speaking, motions for contempt often allege a "willful disregard" for the order of the court that the other party had notice of, and the ability to carry out.  Do not worry about using other legal mumbo jumbo in the motion.  Tell your story as it has unfolded and make sure that you request the relief that you wish.  The key here will also be the service of the motion on your ex husband.  Make sure that it is done correctly und erhte law and make sure that he is given ample notice of the date, place and time of the motion.  The laws in each state will advise how long you need before the motion date to send the notice of motion and affidavit in support.  Then it has to be filed with the court and often a fee paid.  Good luck.


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