Filing contempt

North Carolina Divorce Law Divorce and Separation Answers
1

My ex spouse is ordered to pay alimony and CS by the judge and to pay through the NC collections.

For the past 18 months he has paid little or no alimony but has paid CS in full. What he currently owes is significant and it is causing me hardships to pay my bills.

I will have a child who will turn 18 in November but she started school early and will be entering college this fall (state school in NC)

Questions.

  • I know he will file to modify CS in Nov once this child ages out. Is it reasonable to wait until then to file a contempt charge for the back owed alimony (this is what my attorney suggested) I just worry that the court may think I do not NEED the alimony money if I am able to wait this long. As stated i do need it but have borrowed from my retirement to make ends meet.

  • Since child will technically be 17 when she starts college could I ask for additional CS (retroactive) for her to pay for the college cost of the first semester and any charges associated with her going to college until which time she turns 18. I know I can’t ask for college help but since she would only be 17 when she started I thought I would ask.

thank you.

2

I would encourage you to file contempt now; I see no reason to wait.

Child support will not end until the child turns 18, you have no claim for anything additional based on the child going to college early.

3

But if I did wait to save on atty and court costs (contempt and modification of CS since child aged out) could I possibly hurt myself if I waited. All of our cases have gone before a judge and it is emotionally tiring and financially devastating.

4

There are no filing costs for motions, I have no idea how your attorney bills, but I would presume it is by the hour, and he/she would spend the same amount of time on the case whether the motions were filed separate or together. Waiting will not hurt your case, but it will prevent you from continuing to have to borrow money from family and friends.