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Alimony without Court Order

Discussion in 'Alimony & Spousal Support' started by antunes, Jul 3, 2019.

  1. antunes

    antunes Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    ex-husband was ordered to pay alimony starting on March 4, 2019. Order was signed and filed by the clerk on June 14, 2019. Now ex-husband says he does not need to pay for March, April, May because they are not enforceable as the court order wasn't filed until June 14, 2019. Same with child support. I could not go after him earlier because lawyer said I did not have a court order to file contempt against. But order is very clear that both begin on March 4, 2019 and continuing every month thereafter on the 1st. Am i going to get screwed out of three months alimony and support?
     
  2. Zigner

    Zigner Well-Known Member

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    Your ex is wrong. If he doesn't pay then your attorney should file a contempt motion and include a request that his/her costs be paid by the other party.
     
    hrforme and justblue like this.
  3. zddoodah

    zddoodah Well-Known Member

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    Whose lawyer? Your lawyer?

    That depends on your willingness to enforce the court order that, according to you, "is very clear."
     
  4. adjusterjack

    adjusterjack Super Moderator

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    That depends entirely on you. Are you taking him back to court to enforce the order?
     
  5. antunes

    antunes Law Topic Starter New Member

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    Yes, I will pursue this in court with contempt if his rationale is bogus.
     
  6. antunes

    antunes Law Topic Starter New Member

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    My lawyer said i must wait for court order to be filed before i could file motion for contempt
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    That isn't what you said the lawyer said in the OP.
    I'm betting you got that answer from the lawyer prior to June 14th. What he meant was that the order needed to be filed before you could file for contempt, not that anything owed before the order was filed could not be included in the contempt.
     
  8. antunes

    antunes Law Topic Starter New Member

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    Yes, you're right ... those weren't my exact words, but it is what I meant. Yes, my lawyer told me that prior to June 14th and he agrees that I am due the monies owed prior to the court order being filed; it's my ex and his attorney who claim, very forcefully, that they don't. It's all very stressful and intimidating, that's why I posted here to get a consensus of my position. Thanks you.
     
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    That is exactly what your ex's lawyer is supposed to say to YOU. If he talks you out of filing for contempt for the unpaid funds he has earned his fee from your ex.

    You have the court order now. Call your lawyer.
     
  10. zddoodah

    zddoodah Well-Known Member

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    So...you sought validation of what your lawyer told you from anonymous strangers on the internet?

    In any event, call your lawyer and instruct him to do what needs to be done. Don't establish a precedent for being a doormat.
     
    army judge likes this.

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