1) What is enforcement of litigant's rights (contempt of court)?
When a person willfully and deliberately violates a court order without a legal justification (such as impossibility) the person is said to have violated litigant's rights (or to be in contempt of court).
2) So if there are no court orders outstanding and my former spouse is not paying child support, there's no contempt of court?
That's right.
3) And if there is a violation of an order, what do I do?
You can file a motion to enforce litigant's (YOUR) rights for the contempt of court.
4) How?
Just like filing a motion relating to a pending case, you file a motion with the Family Court in the county where the Order was entered.
5) What does this entail?
You have to complete a Notice of Motion and a Certification (usually using the court's form) and have these papers served on the other party. Regular and Certified Mail to his current legal address are usually sufficient.
MAKE SURE YOU SAVE THE "GREEN CARD" THAT SHOWS WHEN THE PAPERS WERE DELIVERED.
6) That sounds difficult. How much will it cost?
The filing fee for a motion is currently $15.00. The postage adds about $3.00 more. You can ask the Court to order him to reimburse you for these costs.
7) Most court actions take forever and my children have to eat. How fast can I get into court?
Relatively quickly. In most cases you will be in Court in about three (3) weeks.
8) Once in court, how do I prove that he didn't pay?
Keep good records and testify about the accuracy of your record keeping. Assume that he keeps good records too. If he pays by check, assume that he will bring cancelled checks with him to Court. If the payments go through the County Probation Department, contact them in advance to request a print out showing the payment history.
9) If the "ex" is in contempt, how soon will I get my money?
Unless your "ex" has a great excuse for not paying, the judge will probably order him to pay immediately or face imprisonment. At most, the judge will give him a grace period (usually a few days or a week) or face arrest.
