Legal Question in Family Law in Maine

Re: Contempt

If your ex is still in ME, then the Maine order still controls and it is immaterial where you reside. If your wife has not complied with the language of the final judgment, then she is probably in contempt. However, if you have not been making payments as ordered, you are equally in contempt and if you file a motion for contempt, you can expect her to file a cross-motion against you. Motions for contempt can be tricky; the moving party must demonstrate contempt by a "clear and convincing" standard. You may be better off filing a Motion to Enforce the Judgment. The standard of evidence for such a motion is the standard "preponderance of evidence" standard, i.e., you must prove your case by 51%. If the Judgment language is clear, it sounds like you would have a clear case.

With respect to your ex-wife's attorney, I think you should probably pick your battles and concentrate on the dispute at hand. If you truly believe that the attorney has violated any Rules of Professional Conduct, you should review the website of Maine's Bar of Overseers.

If you would like to pursue the motion to enforce, please do not hesitate to contact me.