My ex ceased paying CS for over 1 year due to alleged unemployment. Upon my suggestion of going back to court to have the arrangements redone to reflect his new income or lack there of he reported that he’d just been hired the day before and he began paying 1/2 of the court ordered amount. 6 mos later I bring up the court ordered CS and he begins paying the full amount of CS. Does he owe for the months he paid nothing or only part of the court ordered CS? I’m sure it’s not relevant but maybe it is…he was able to not only maintain a 1/2 mil condo the entire time he was out of work, but he then turned around and bought a mil $ house upon getting the new job…I’m afraid he was hiding income the entire time (historical precedence) and b/c of distance and difficulty in connecting w/him it would have been a financial burden to verify this. Are we just out of luck in pursuing what I feel he rightfully owes our child?
You may file a motion for contempt and have your ex ordered to appear before the court and show cause as to why he failed to abide by the court order.
If ordered to appear & it was found that he actually was unemployed (or more accurately, had no verifiable employment), is it at the discretion of the presiding judge to determine whether or not the CS is owed? reprocussions of pursuing this will create VERY undesirable situation for child; won’t pursue if no chance of remedy as the $$ is not worth the emotional torture he will mete out on the child
If the court finds that he was not in wilful violation of the Order (he did not have the ability to comply) he will not be held in Contempt.