Contempt for child support


#1

My husband is under court order to pay alimony and child support to his former wife. About six months ago he lost his job, this is the second time he has lost his job since the separation first began. Now he is behind in his payments and has been to court once already for contempt in February at which time he set up a payment plan which was basically not feasible, but anyway he paid the payments but has not been able to keep up with his regular payments. Now his former wife’s attorney has sent a letter stating that if he does not pay almost $4000 by this Friday he should report to our county jail. Can her attorney enforce that or should my husband wait to see some form of arrest warrant? I am very confused about where to begin and her attorney is telling us what we have to do. Please do not respond by saying we need an attorney because if we could afford that we wouldn’t be in this mess. Should we even be communicating with her attorney?


#2

If the Order states that he must report to jail upon non-payment then he should do so.
If your husband does not have an attorney he will need to communicate directly with his ex’s attorney.


#3

So even if he has been paying payments just not all of it he should still report to jail? Also I tried to call her attorney today and ask a question about the figures because they don’t match up and wanted to know where an extra $500 came from and the woman hung up on me…are they not allowed to speak to me even though I am married to him?


#4

If the order requires him to report to jail for non-compliance he needs to do so.
The attorney does not have an obligation to speak to you, I suggest you have your husband try communicating with the lawyer.