Legal Question in Federal Tort Claims in North Carolina

How to enforce court order

I am a divorced single mother of 3 children on a very limited income. Our agreement is under a court order and confession of judgement. I know my ex is in contempt of court when he does not do what is in this agreement. But how do I enforce this. For example, my children are supposed to me at my church every Sunday. When he does not bring them, how do I motion the court that he is in contempt? My attorney said he could do it for a retaining fee of 1500.00. Why should I have to pay this amount of money when he is the one in contempt? My attorney said he would 'try' to recover most of his fees. Is there another avenue that I could pursue that would be less expensive?


Asked on 11/29/03, 5:46 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: How to enforce court order

1. Contact your local bar association. They may have a list of lawyers who do 'pro bono' [no charge] or reduced-fee work. 2. A paralegal may be available in your area to assist with paperwork preparation - look in your yellow pages. 3. The clerk of court may have the forms necessary to get your X back into court to account for his compliance with the decree. 4. Such forms for your state are available for purchase at http://www.findlaw.com. 5. Go to the office of the Clerk of Court and ask to see a file containing the pleadings you need [Order to Show Cause] and use them as a guide. 6. Get legal representation if you at all can; you may get most of your money back. Legal proceedings are tricky when you are inexperienced. Good luck.

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Answered on 11/29/03, 6:41 pm


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