Legal Question in Family Law in Indiana

how to get ex husband to pay maintanance fee he agreed upon in divorce decree.

My ex husband, in the agreed upon divorce decree, promised to pay me a certain amount of money that he owed me. It has been over 2 years, if not longer, and he has only paid a small portion of the money and that was because the judge gave him a choice, pay $1000.00 or be put in jail. I need to know HOW to go to the prosecutors office and with WHAT FORMS to give them so I can bring this case to their attention again to get the rest of my money.

1 Can i do this on my own as i cannot afford any more attorney fees.

2 what forms do i need.


Asked on 1/17/02, 5:38 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: how to get ex husband to pay maintanance fee he agreed upon in divorce decre

You need to go to a law library and get a sample copy of a Motion for Rule to Show Cause. This is also known as Contempt.

You would file it with the court and ask for a hearing.

Then he would have an opportunity to explain to the court why he should not be held in contempt.

Usually the court will find him to be in contempt and give him some jail time but hold back execution of it to give him a chance to meet a deadline to do what he was originally ordered to do. Usually at that point, the person will do what he is supposed to.

Generally, the court would order him to pay your attorney fees associated with the contempt hearing, if you were to hire an attorney.

Hope this information is helpful to you!

Read more
Answered on 1/18/02, 7:08 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana