QUESTION
Is there anything else I can do to show I could not pay it all?
Asked on Feb 07th, 2013 on Divorce - California
More details to this question:
The court ordered me to list my house for short sale and vacate, giving my wife 'exclusive right to occupy the home.' I did so. During the couple of months when I had to find a place and move, I was short on spousal support. She has charged me with contempt. I'm about $800 behind. Is the fact that I was court ordered to move out and I have bank statements showing my income was less than my expenses those months enough to show inability to pay? Does the judge really take 'good faith efforts' into consideration? There has not been a month that I didn't pay at least 80% of the ordered amount. There is a wage assignment in place now. She didn't have one during the months in question. What things could kill that defense?
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
She must show that you had the ability to pay support. You need a lawyer.
Answered on Feb 08th, 2013 at 4:00 PM
Family Law Attorney serving Walnut Creek, CA
at
Law Office of Jon Rathjen
Update Your Profile
Inability to pay is a defense to a contempt for failure to pay support, but you have to remember the court considers support obligations to be preeminent. If all your money truly went to necessities, you are probably ok; if not, you are at risk and should consult counsel (probably a good idea either way).
Answered on Feb 08th, 2013 at 3:59 PM
Civil Rights Attorney serving San Bernardino, CA
at
Anyiam Law Firm Inc.
Update Your Profile
If you have experience a change of circumstance, you should petition the court for modification of spousal support. You are still liable for any missed payments.
Answered on Feb 08th, 2013 at 3:59 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You did not follow the court order. You were in contempt. You did not file a motion to modify support. Good faith efforts do not avoid a contempt. Contempts are often improperly prepared and so they often don't stick. Find an attorney to represent you in the contempt and see whether there's a way to get it dismissed. Meanwhile, you'll still owe the arrears.
Answered on Feb 08th, 2013 at 3:59 PM