Spouse refuses to pay

North Carolina Divorce Law Divorce and Separation Answers
1

I’m going to answer your last question first. Your spouse is the person in the world that knows how to push your buttons better than anyone else. He obviously senses that you have a lot of fear and anxiety surrounding this situation and has decided to capitalize on it. You should stop listening to him and let your attorney handle it.

If the court has already made an award of PSS and child support, the court has already decided he can afford that amount. So if he manages his money poorly and must go into debt to pay, that is his problem not the courts. The courts will not care how he comes up with the money, they will force him to pay the amount they have ordered.

He can refuse to comply with a court order, but if he does he could be looking at sanctions including fines and jail time. So it would not be a wise decision for him to do that. If he refuses to pay your attorney will file a Motion and Order to Show Cause and ask the court to hold him in contempt.

He cannot black mail you into not suing his girlfriend. If you already have an order requiring him to pay support. You simply need to take him to court to enforce that order.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

Just got the court order and the judges ruling on child support and PSS. Spouse says he doesn’t have the money to pay and “the court will not make him go into debt to pay” He bought a home immediately after separating with marital funds. He also owns/runs a solo medical practice and actively working and making a high salary. Could he be forced to take out a 2nd mortgage on this house. He was also ordered to pay an interim distribution. retroactive child support and atty fees. Can he refuse to pay these? What is the procedure for contempt of court? We have not settled on ED yet. Could his refusal to pay have any effect on that. I would like to not go to court for the ED but he is not easy to settle with.

He is worried that I may bring a criminal conversation suit against his girlfriend. He said today that he wil refuse to give any money to the household unless I sign a paper saying I will not bring a suit against her? Yesterday he said he will not agree in any settlement to pay for college for 4 kids if I do not go after his retirement.

Should I just stop listening to him and let the atty handle it??