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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-03-2010, 11:44 PM
psychomama1978 psychomama1978 is offline
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Question Contempt of Court or Small Claims...?

Hi All,
I hope you don't mind me sneaking in a question before I formally introduce myself (in the appropriate category, of course).

The short story is in my final order this summer the judge awarded me approximately $11,000 towards our joint debt (ex-h stopped making payments last year-until he stopped we had split all payments equally) and $850 towards legal costs.

I just lost my legal aid as I started working full-time, which came at a good time since my case is technically over now, but a bad time since I still have a ton of questions that my former lawyer is responding to at a snail's pace (not that I can blame her since technically she isn't my lawyer anymore). The last bit of advice she gave me was to send ex-h a letter stating he had 30 days to pay the money ordered by the judge (HA! like that'll happen!), then once the 30 days is up I can either file a Contempt of Court or take him to small claims court.

My first question is-if I send him a letter, do I tell him what the next steps are or just leave it open (i.e. If I do not receive payment in 30 days from the date of this letter, I will have no choice but to seek further legal action.)...also, do I send it regular mail or registered so that he has to sign for it?

My second question is-which is the better option? I know that Contempt of Court is the "scarier" option as it can result in jail time, but can they arrange to garnish his wages if need be?

Thanks in advance for any advice you can give me!!
Old 10-13-2010, 08:26 PM
kinmi kinmi is offline
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bump, I'm curious too
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