Contempt of court can happen for many reasons. Unfortunately, not everyone pays what they are Court ordered to pay, and sometimes you are simply unable to pay what was ordered. What do you do when your ex-spouse ignores the Court Order or you have lost the ability to pay the Court Order for child support or alimony?
Motion for Contempt of Court
When a party fails to pay Court Ordered Support, the Court has enforcement powers that can include incarceration in order to compel payment of the support obligations.
If despite all efforts to compel voluntary compliance the defaulting party still refuses to pay you may seek enforcement by filing a Motion for Contempt in order to enforce the support obligations.
If the court finds in your favor that the other person has the ability to comply with the order and failed to do so, that person will be held in contempt and maybe incarcerated until they pay an amount of support they have the ability to pay. Having an experienced attorney help you through this entire process can be essential to a successful outcome. Failing to present the proper evidence of the ability to pay will not give the Court what it needs to grant you the requested relief.
Contempt / Enforcement Of Child Support, Alimony, Attorney’s Fees And Equitable Distribution
After the dissolution of marriage process, the party awarded financial relief relies on all the financial awards granted by the Court. Unfortunately, those ordered to pay do not always comply and it is necessary to take action to enforce the Court’s order in collecting past-due support.
Motion for Enforcement and Contempt
When a party does not pay what they are required to under the Final Judgment motion for enforcement or contempt is often filed to request that the Court enforce its order.
If the financial obligation is support related such as child support, alimony or attorney’s fees the defaulting party may be subject to incarceration if you can show the Court the other party is able to pay but is refusing to do so.
Enforcement Methods
In order to effectuate the enforcement, the Court can enter an order requiring a lump sum payment or wage garnishment. Oftentimes when the failure to pay is intentional the Court will order the defaulting party to pay your attorney’s fees and costs. This includes collecting past due support.
Whether you are the party seeking enforcement or the one that has not paid, we can assist you to make sure the Court has the necessary information to order the appropriate relief.
Are You Ordered to Pay and Cannot?
We also help when you are on the receiving end of a Motion for Enforcement and Contempt of Court. You may simply be unable to pay or may not have been properly credited with all of the payments made.
This is a serious situation and you should therefore not take chances with an attorney that does not have sufficient experience to fight for your rights.
Please call us if you have any questions about a Contempt of Court issue. Call us at 407-403-5990 or contact us (below) to schedule your appointment.
