What can I do if child support is not being paid in full?
Question Details: My ex-husband has been paying child support but not in accordance with the documents that were filed when we divorced. For the past 7 years, he has paid whatever he feels that he can. I have been trying to work with him for the past year on what he should be paying but he neglects to answer any of my correspondence. Should I file contempt at this point?
Yes, your recourse is to pursue contempt of court. You will need to file an Order to Show Cause for a hearing. Call the court clerk to schedule the hearing. Include the date/time/department of the hearing on your Order to Show Cause. Also file with the court your declaration signed under penalty of perjury stating the facts supporting your contempt of court claim. File any additional supporting documents, evidence, etc. Also file a proof of service (court form). Mail a copy of all these court-filed documents to your ex to give him notice of the hearing. The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if any additional documents are required for contempt of court because the required documents may vary from state to state.
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