QUESTION
Can I get out of a contempt charge, if I can show good cause?
Asked on Jul 05th, 2012 on Divorce - Colorado
More details to this question:
Married 13 years, stay at home mom 9 years, husband ran finances into ground, filed bankruptcy. I went back to work to help family, then filed for divorce. Judge ruled I should pay him childsupport from my $1800 per month and give him 1/2 of 401k ($5000), not accounting for all my lawyer expenses. Judge applied $0 income to husband because- he "changed career fields to better himself. We have 50/50 custody. I haved paid for all the daycare and education expenses for last two years, as well as got children on medicaid. I have paid off lawyer from orginal divorce and had to move twice. I have no savings left, I lost my job last August, continue to be forced to pay childsupport and schooling, all the children''s clothing expenses, while he is also collecting $500+ in foodstamps that I can''t get for my family(because he is collecting). Ex is underemployed, I am struggling to care for family, can I get out of contempt chrg?
1 ANSWER
Melissa Marks
To be charged with contempt, you must have the ability to comply with a court order. If you have lost your job or have no income, it is not likely that your Ex can prove that you have a present ability to pay child support.
Additionally, it sounds like you may want to file to modify child support. Generally, a party is imputed income at a rate at which they reasonably could, should or have earned, or their "potential income." In your case, one would expect your Ex to be imputed at the amount he would make at his new career field. Additionally, some expenses you pay, including daycare expenses, should be included in the child support calculation by statute. see C.R.S. 14-10-115 regarding child support guidelines.
Answered on Jul 11th, 2012 at 4:38 PM