The Truth - the Winning Argument for Your Case

20 Nov. 2015

Part Two: My Ex Is Not Paying Support On Time - What Can I Do To Fix This?

Posted By The Buncher Family Law Corporation

court-order

If you are not able to secure timely support payments with an Income Withholding Order, discussed above, your next best option may be to seek court intervention.

An Income Withholding Order (an "IWO") won't be an effective tool for recovery when your ex is self-employed or working in a predominately cash industry, as there are just too many loopholes. If this is the reality, it may make sense to petition the court for relief.

If your ex is failing to make support payments, you should consider filing an Order to Show Cause for Contempt. A contempt proceeding is criminal in nature, as you are asking the court to find your ex "guilty" of failing to abide by court orders. Should your ex be found in contempt, possible penalties include jail, community service, and/or a fine.

Your ex will be allowed legal representation in a contempt proceeding, given the possible penalties. This should give you some indication as to the seriousness of a contempt finding.

To establish contempt, you will need to prove that 1) your ex willfully disobeyed the order to pay support, 2) your ex had knowledge of the court order, and that 3) your ex was able to comply with the order when it was disobeyed. You will need specific facts, a detailed payment log, and record of any and all conversations you had with your ex relating to non- or late payment.

Think of a contempt proceeding as your last resort. If your spouse is continually falling behind on, or simply ignoring, court orders, contempt may be your only option to get the money you deserve.

Before initiating a contempt proceeding, you should allow an attorney to evaluate your case. Sven Buncher, Senior Partner at The Buncher Law Corporation is available for a free consultation, and he can be contacted at sbuncher@tblclaw.com

Categories: Family Law
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