We are taking my ex husband to court for failure to pay ordered child support and spousal support. He is paying about 30% of what was ordered. His problem is that he lost his job and is having fiancial difficulties. Likewise, I do not have the money to pay my bills without his support (I am working as much as I can). I guess my question is when we take him to court for contempt our side will have to show he has the ability to pay which would be difficult, unless he trimmed his budget and sold assets. But, likewise, that is what I would have to do.
Will this be a decision up to the judge as to whom has to “give in” so to speak. Could I be asked to sell the marital home where I live with the children or cash out my retirement or will he be required to down size his expenses or cash in his retirement? Would both us have to submit a budget to the judge and for him to decide who can best trim expenses?