Unfortunately, if he stops paying, then you have no choice other than to keep taking him back to Court. He was found in contempt and ordered to pay what he owed you. If he decides once again to stop paying, then the only recourse you have is to go back to Court.
The contempt order only applies to the payments that are past due now. If he does not follow the order you should move to hold him in contempt the first time he violates it. If he is held in contempt again he might find himself in jail and the judge will continue to make the sanctions harsher if he continues to disobey the court order.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Ok, so instead of waiting for another 6 months are you saying that it would be best to file a motion to hold him in contempt after he misses the first month (like now, the order said to pay by the first, so if no payment by the end of the month, go ahead and do it). I like that idea myself as I think he learned nothing from this. He is catching up on paying his bills and I am getting further and further in debt. The money he owed me was just taken out of a savings he has and he could do it if he truly wanted.
thanks
Yes, you should file as soon as he is a day late or a dollar short, the court will not look on this kindly.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My ex husband was found in civil contempt of court for not paying CS/SS for almost 6 months. He was ordered to pay all the back support, some now and some over a period of time. It will be enforced, or he is sentenced to jail (and he does have the assets to draw from) His reason for not paying was that he lost his job, but it was found he lost it in bad faith.
I will use the all the back support I get form him to pay back bills, loans and debts. No change was made to the current monthly order of support but I have a feeling he will again start to not pay. I will again have to play catch up.
Question - does the current contempt order just apply for the months we went to court for. What if nothing changed in either of our circumstances. Seems like it will continue to be bad faith to be in contempt again. Do I just have to take him back to court again, long long do I wait? I lose money each time - atty fees (he was asked to pay some, but not all, and just the interest that accrues on my loans I must get to pay bills during the time he isn’t paying support) How long will a judge allow this to happen? If there is a pattern will the sanctions become harsher? thank you