In NC, if you have been granted a Court Order for child support or alimony then your ex or spouse is in violation of the order if he/she does not pay the amount at the time the order requires.
To recoup your money, you must file a Motion for Order to Show Cause requiring your ex to explain why he/she did not pay the money as ordered. It is your burden to prove that your ex willfully refused to comply with the order so be sure to include specific instances of missed payments and dates.
You must also submit an unsigned Order to Show Cause which the judge will sign should they find that your ex did in fact violate the order. Be prepared for a hearing where you must show proof of everything you claimed in your motion. Judges like physical proof so bring bank statements, e-mails, payment ledgers, and any other proof showing that the payments have not been made on time.
If the court finds that your ex did in fact willfully violate the order and refused to pay up, they will be found in Civil Contempt and will receive sanctions, fines, and/or jail time. Your deadbeat ex can also be required to re-pay your attorney's fees since you had to drag them to court to get your alimony or child support payments.
For more specific questions or legal advice about your case, contact me at (919) 321-6569, Nastasia@KisalaWatkins.com, www.kisalawatkins.com.
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