Child Support

Contempt for Non-Payment of Child Support

There are many people who are ordered to provide child support on behalf of their children who do not pay their support. The term Contempt of Court means that a person has a Court Order, which is in effect, and the party does not comply with the terms of the Order. Willful and Intentional Contempt of Court happens when the person not only does not comply with the Order, but he or she has the present ability to comply with the Order and willfully and intentionally fails to do so.

The Court has the authority to enter sanctions against a person for willful or Intentional Contempt of Court for failing to pay Child Support. Sometimes, can be as extreme and as severe as a person being sentenced to jail. Another sanction is purge payment, which is a fixed amount of money to be paid by a certain date and time, or a sentence to jail for failing to comply.

Individuals may be required to perform a job search to seek employment. Finally the payment of the hourly attorney’s fees for the person who is filing the Contempt of Court action is a typical sanction in Contempt of Court cases in which an individual fails to pay their child support.

It is not difficult to establish that a person has violated a Court Order. It is more difficult to prove that a person had the present ability to comply with a Court Order and particularly to pay child support. Attorneys request discovery from the other side. Discovery is the request for documentation regarding the individuals, wages, assets, income Tax returns, and many other sources of support. If a person works for a company on the books, then a subpoena can be sent to their employer to produce these records.

An individual’s ability to pay can also be determined by looking at the money that they spend on their expenses. If a person can afford an expensive car or boat, but they fail to make Child Support payments, a Judge will still hold that person in Contempt of Court. An experienced Attorney also knows creative ways to find hidden money. Many people, who purchase homes, or boats, or cars, are required to file a loan application. On most of these applications an individual is required to list their income and assets. These forms are completed under penalty of perjury, and are deemed accurate by many judges.

Please contact me if you have someone who has not paid his or her child support or Alimony and I will advise you what can be done.