My husband has decided to defend his contempt charge of not paying alimony. He has not WILLFULLY NOt payed, he just doesn’t make enough money to pay, so he feels he has a good case.
what documents does he have to show in court to prove he doesn’t have the money. His budget? His debts? How does a judge decide if he is over or under-inflating a budget? Does a couple living in Chapel Hill have a higher cost of living than someone else in another part of the state,for example ? Does the judge look at his cost of living in his previous marriage?
Can he ask for his ex spouses budget to show that possibly she doesn’t need the support?
Is the fact that he owes back alimony and not child support make it more likely the judge will not come down hard on him/
Is it an all or nothing deal? Meaning if he owes 10K in back alimony and he can show he is not willfully not paying, can it all be dismissed by the judge? Or, can the judge make him only pay a proportion? Or will the judge either say "you owe $0 or you owe $10?
5/ Any suggestions to how to better defend himself or questions the other attorney may ask him on the stand?