What if my ex took the kids on vacation and hasn’t return for the exchange?

Question: What if my ex took the kids on vacation and hasn’t return for the exchange?

Answer:

The best thing you can do at this time is file a Motion for Contempt and Motion for Immediate return of the children and request expedited hearing time. It doesn’t sound like it will meet the basis for an Emergency. But if your ex were to go dark and refuse to respond and does not give you reasonable updates, then an Emergency motion might be appropriate.

Erin E. Morse Esq.

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Will I be in contempt if I use the money owed to my ex to pay off a debt he agreed to?

Question: Will I be in contempt if I use the money owed to my ex to pay off a debt he agreed to?

Answer:

Yes, you can be held in contempt for not following Court Orders. Generally, the Court does not like to see individuals engage in “self help.” You should file a Motion to enforce the Court Order in the ways in which your ex is failing to follow the Court Order, and request the alternative remedy that you are suggesting. Ask the Court to allow you to make this adjustment, or come to an agreement in writing with your ex related to this modification and get a Court Order Ratifying this.

Erin E. Morse Esq.

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If I pay alimony past the termination date am I obligated to continue paying?

Question: If I pay alimony past the termination date am I obligated to continue paying?

Answer:

If your court order has an end date, then you do not have any legal obligation to them to continue alimony payments. Anything you continue paying them will be a voluntary gift, and not likely recoverable. It is kind of you to want to continue making these payments. I would recommend making them in a different amount, and having in the memo line something that identifies it as a gift “recovery gift” “For medical expenses” or something that shows it is clearly no longer alimony. Making additional payments usually risks that you could not get that money back, if for example, you accidentally made more payments; the Court may not order the recipient to pay them back. But, as you are giving a gift for medical recovery, this is unlikely to turn into an obligation especially where the alimony was non-modifiable, it does mean it cannot be changed even if the request was to change it to continue.

Attorney Erin E. Morse

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