Legal Question in Family Law in North Carolina
During my divorce settlement my ex husband agreed to pay me a certain amount by this certain date. If he doesn't pay in full, what time frame do I have to file for contempt of court/order? What is the process?
1 Answer from Attorneys
Depends what you mean by 'divorce settlement'. In NC there are two basic was to resolve divorce issues contracts (by agreement) and court orders. If you mean contract that was not incorporated into your divorce judgment (what I assume you are calling a divorce settlement), you have to use the slow and expensive method of suing for breech. If you mean court order, you use the quick, easy and relatively inexpensive method of filing a Motion to Show Cause. Generally speaking, unless specifically stated, either of these has a 'time frame'. However it should be obvious that generally the sooner you file after the 'certain date' has expired the better. The actual process is too detailed to mention here - suffice to say if you aren't an attorney the odds of it getting done properly are less than good. Best of luck.