My ex owes me several thousand dollars in back support. Each quarter, he is supposed to pay a percentage of any salary over 100k. He has not been paying any of this on a quarterly basis, as outlined in our agreement. He also owes additional orthodontia bills from last year. By April, he will owe about $13k.
It appears that it will cost between 5-10k to hire an attorney to file contempt charges and go to court. When I’m already owed 13k, it’s a hardship to put out even more money for legal fees. My separation agreement does state that ex will have to pay all my legal fees if I need to go to court to enforce our agreement – and it is clear he’s in contempt for several issues, in addition to the big ones shared here.
My question is whether it it worthwhile to go to court. How much power does a judge have to withhold money owed from his paycheck? Is there a guideline about what kind of percent could be taken – assuming he still needs money for his own living expenses? His annual income is around $150k. He already pays $3300/month in child support and alimony. Do I have any chance of recovering the 13k + legal fees if I go to court? He doesn’t have any assets, and I’d imagine that only so much can come out of his paycheck.
I’m also stuck with the house and equity line payments. The deed was transferred to me and I am trying to sell the house (at a loss). I only agreed to take the house based on the assumption ex would be paying agreed upon amount. If he’s not paying the agreed upon amount, can I ask the court to overturn the separation agreement where I am to take the house – I’d prefer to walk away and let it foreclose at this point.
Very frustrated that this process is so difficult.