Montgomery Contempt Petition Attorneys & Lawyers
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If you have gotten divorced and reached an agreement, then the judge ordered both of you to abide by your agreement. If there was no agreement, then the judge ordered the parties to do something after a trial. Either way, the two of you must follow the judge’s order. If your ex-spouse is not doing what they are supposed to do, such as pay you child support or pay certain bills or expenses, then you can take them back to court to have the judge make them. The way to do this is by hiring a Montgomery Contempt Petition Attorney to file your Petition for Contempt with the local court.
In Montgomery County, your Contempt Petition Attorney can file what is sometimes called a Rule Nisi Petition with the Court. A Rule Nisi Petition or Contempt Petition both are a type of filing with the court asking the judge to find that the other party is not doing what they were ordered to do in the prior case and should be held in Contempt of Court. To do this, your Montgomery Contempt Petition Attorney would file the motion or petition asking for a hearing.
At the hearing, you and your ex-spouse would show up with your attorneys and argue your cases. You would argue why they should be in contempt of court and the ex-spouse would argue that they have followed the prior order or set forth valid reasons why they have been unable to do what the judge said to do.
At the trial, your Montgomery Contempt Petition Attorney will present evidence to the judge showing that the ex-spouse did not pay what they were supposed to pay or otherwise did not do what they were supposed to do. If they were ordered to pay child support to you, then it should be easy to show they did not do this. They would have to show they paid you and that would be difficult to do if they have not. If they were ordered to hand over some sort of property, such as a vehicle or to sign a deed, then your Montgomery contempt petition attorney would just need to show that it had not been done yet. At the hearing, the ex-spouse would have to show it had been done or a good reason why it has not been done. There are not many good reasons for not performing an act the judge has ordered you to do previously
To get our Montgomery Contempt Petition Attorney to file a Rule Nisi Petition for you, we generally change a retainer. A retainer is an amount of money we take and put into a special account called a Trust Account. It stays there and our Montgomery contempt lawyer bills hourly from this retainer until it is exhausted. Once the family law lawyer has worked a certain number of hours at the hourly rate and the money is earned, you would need to refill the retainer for the Montgomery contempt petition lawyer to continue working on the case for you. In addition to this retainer, the court also charges a filing fee to file a Rule Nisi Petition. This fee varies depending on the county, but it is usually between $250 and $400 and must be paid prior to the petition being filed.
It is best to hire a Montgomery Contempt Petition Lawyer to file the case for you since the local attorney can present your case to the judge in the best way possible. If you call our Montgomery Contempt Lawyers today they can give you a quote for the initial retainer depending on your situation. Our contempt petition attorneys can give you a phone consultation the same day you call. If you cannot afford our retainers, there might be other options the Montgomery attorney can work out with you. For example, if the ex-spouse is not paying you child support you can sometimes get DHR to help you. Call our Montgomery Contempt Petition Attorneys today for a quick consultation.
Filing a Rule Nisi or Contempt Petition in Montgomery
Once you file the contempt petition in Montgomery, the court will schedule a hearing, The ex-spouse will have to testify under oath why they have not done what they were supposed to do. If the judge finds that they did not pay you child support, transfer you the property, or otherwise do something they were ordered to do the judge can find them in contempt of court. A finding of contempt is important since it is the only way to enforce something if the other party is refusing to do it. Sometimes it is a necessary thing to do if your ex-spouse is just refusing to obey the judge’s orders. When they have to go back in front of the same judge that ordered them to do something and explain why they haven’t done it, the hearing is usually not pleasant for them to attend.
Being found in contempt of court means the judge finds that that person disobeyed their order to do something. Once contempt has been found, the judge has many potential punishments or remedies at their disposal. The judge can issue a monetary fine and garnish the money from their account or paycheck, order a deed out of their hands if they refuse to sign it over, and if they are not paying child support as they are supposed to the judge can throw them in jail.
If you need a divorce attorney in Troy, Elmore County, Autauga County, Tuskegee, Selma, Clanton, Prattville, Millbrook, Wetumpka, Auburn, or anywhere else around Montgomery County, Alabama then our local Montgomery Contempt Petition Attorneys can help if you have a former spouse not following the decree in your prior case. You can always discuss the issue with the other party first, but if that is unsuccessful then filing a Petition for Rule Nisi is always a good option to have the judge enforce it for you.