Monday, December 17, 2012

Avoiding a Contempt Order for Lack of Non Payment

Sometimes through no fault of your own, you end up not being able to meet your child support payments. You may have lost your job, be in the middle of a job change or simply need the amount reduced due to special circumstances. But, more often than not, the Ex will try slapping you with a contempt of court order if you do not pay. There are defenses for that, but there are also ways of doing your best to prevent it from happening. Here are some things you can do.

First off, make some kind of payment each month. This shows you are truly trying and that your goal is not to ignore the payment altogether. Even the smallest payment is still a payment.

Next, be inconsistent. This sounds completely off the wall, but there is sound reasoning behind it. If you are always underpaying at the same time and the same amount it can look like you are simply trying to get out of payment rather than simply struggling. Vary the amounts you pay and vary the dates. This is more consistent with a true struggle. You can even split up your payments if you need to.  Remember, contempt is "purposeful non-compliance" of a direct order, not something that you do because your circumstances cannot help it.

Knowing how to avoid being hit with a contempt of court order for non-payment can really help dads who are going through tough times. This is quite a common occurrence, sadly, although if she withholds visitation for any reason, you won't see the judge hitting her with a contempt order!








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