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.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Helping 20 Million Americans a Year for 20 Years. FREE!