My Husband has failed to pay our credit card bills as ordered by the Court. What can I do?

You can file what is called a "Motion to Show Cause/Contempt of Court" against your husband. A contempt motion will require your husband to appear in court and "show cause" why he should not be held in contempt for violating a court order. If you can prove that your husband violated the court order, your Husband could be ordered to comply by a certain date and pay your attorney fees and costs.


There are very few reasons the Court will decline to issue a finding of contempt. One of those reasons is "impossibility" to perform. A possible example would be a person becoming disabled and not having the funds to pay a previously ordered bill. "Impossibility" is a rare defense to contempt, but may be raised.


It is always best to attempt to resolve contempt issues before filing a motion for contempt. Failing to formally bring the issue to the attention of the alleged violation, could provide an argument that the spouse did not know he or she had violated the court order. Bringing attention to the violation with a reasonable period of time to comply with the court order takes away the argument of "not knowing."


For more information, all 440.930.4001 and ask for Attorney Anthony R. Pecora or email him at apecora@omdplaw.com

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