Two years ago the judge gave me a PSS award of spousal support, child support and orderd my XH to pay the mortgage, taxes and insurance on the home. The child support was above guidelines as he was a high wage earner. I work and make the same salary I did back then. I live in the marital home with 3 children and one in college. He does not pay for any college expenses but I do not ask for it as I know legally he does not have to contribute.
We have not had property division settled yet.
Six months after the award he left his job and took one at a much reduced salary. He then stopped paying PSS saying he did not have any extra after paying his bills. He remarried and said he had a committment to his new family.
We took him back to court for contempt. The judge adjusted his child support according to his new income following the NC guidelines but did not change his obligation to pay for the house and spousal support. The judge felt he lowered his salary in bad faith. He now pays the child support and the house but does not pay the spousal support. This has been going on since june.
What can I do? Do I file another contempt? He told me that he has nothing to pay. He has no more assets (he wasted all of them). He bought a high priced new home when he left as then he was making a high salary but has continued to live there and pay his mortgage despite his now much lower income.
I think my attorney feels hesitant to file another contempt as the XH has nothing to pay it with and he says you can’t make someone get a better job or move out of their home.