Legal Question in Family Law in Alabama

My exhusband is willfully choosing not to follow the divorce decree as it benefits him. He will not pay 50% of medical bills, is refusing to sign QDRO for retirement he owes me, is harassing and belittles me to the children (all listed in decree) on a regular basis. However he expects me to follow the decree to the letter as it relates to his rights by expecting me to drive the kids 7 hours RT to meet him for visitation, and keep up a car payment that I can no longer afford but is in both our names (we had a verbal agreement to use the retirement he will not sign papers for to pay off the loan) which are also in the decree. I do not have money to hire an attorney to enforce the decree, but he has one on retainer and has for several years. Anytime I am a little late for drop off or late on car payment he threatens me with court. His salary is 5 times that of mine and my husbands and we have four kids in our home. What will happen in court if I choose not to follow the agreement?


Asked on 4/28/10, 5:53 am

1 Answer from Attorneys
Judson Crump Judson E. Crump, Attorney at Law

If you do not follow the agreement, then you are in contempt of court. Of course, if he also is not following the agreement, then he is in contempt as well. The smart thing for you to do would be to stick to your end of the agreement and sue him for contempt of his end. It is called a "Petition for Rule Nisi." It is basically a domestic relations version of a contempt order. If it were granted, he would face jail time if he did not keep his end of the agreement relating to retirement funds. I hate to say it, but you definitely need a lawyer for this one. If you file a petition on your own and he defends it with a professional attorney, you'll probably lose. Good luck.

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Answered on 5/03/10, 7:39 am


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