Consent order not being followed


#1

My ex and I have an ED consent order. In this order, he is responsible for paying a prior year’s tax obligation. The order also states that if my pay is garnished, refund taken, etc to fulfill this obligation that I am to submit the paperwork to him and he will reimburse me. I submitted the paperwork to him because the IRS took a portion of this year’s refund (mine only - we’re divorced now) to pay this prior year’s tax obligation that is his responsibility per the ED consent order. I submitted the letter that the IRS provided me, as well as a record of the account showing that the amount they took from my refund satisfied the obligation in full and told him to reimburse me. He states that he proposes that he make monthly payments to me once he gets documentation from the IRS. I told him that his proposal is unacceptable and that he has 3 business days to pay me otherwise I will file a motion for show cause (or contempt) since he is not complying with the consent order. He responded that he will counter and sue for attorney’s fees because he is attempting to comply with the order, and I’m simply not accepting his proposal. Does his proposal alone constitute compliance with the order?


#2

good faith attempt to comply with his obligations under the order. The court will not find someone in contempt unless they can be show to be willfully disobeying and order of the court.
If your ex can demonstrate that he does not have the ability to pay you all at once he will not be held in contempt. Further, it doesn’t seem that the order specifies how he will reimburse you, nor does it seem to specify a time frame. I can see where a judge could have a hard time holding him in contempt if the order is not specific as to these details.