QUESTION
What can I do about my ex not paying court ordered spousal support?
Asked on Aug 21st, 2012 on Divorce - California
More details to this question:
It has been 21 days past due already. He is suppose to pay me directly by money order, cashier’s check, or cash every first of the month. The legal aid would not help until he has been more than three months delayed. I am living on a limited income and I need the $150 a month to help me with bills. I need proof that he hasn't paid or isn't paying the spousal for my apartment (Section 8 housing). How or where do I get this proof? The legal aide said something about an affidavit. Where do I get an affidavit?
17 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Get the FOC report re payments. At same time, file a complaint with FOC re lack of payment.
Answered on Aug 27th, 2012 at 12:54 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You would have to prepare an affidavit. You can ask for a withholding order. The forms are on line.
Answered on Aug 27th, 2012 at 12:54 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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When a payor spouse does not pay the court ordered support payment there are steps that can be taken to collect the money, and/or encourage compliance. An earnings assignment Order can be obtained and the money taken out of the paycheck. If self employed assets may be garnished. Sometimes the government will help collect the money. Lastly a contempt action can be filed and have the delinquent payor face community service or jail time, and economic sanctions. It is important to stop delinquency right away because all the actions take time to process, and the recipient will be out the income until the result can be achieved.
Answered on Aug 27th, 2012 at 12:53 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Meet with an experienced divorce attorney.
Answered on Aug 27th, 2012 at 12:53 PM
Try giving the housing authority an affidavit signed by you. Attach a copy of the order requiring him to pay child support and state the amount of his arrearage. Legal aid is not being unreasonable in telling you to wait three months. You can't run to court every month if he is late.
Answered on Aug 27th, 2012 at 12:52 PM
I agree that you should wait three months as by the time you get to court he may have already made the payment. As for the Affidavit, it is a sworn statement that you sign and have notarized indicating that you have not received payment or whatever statement it is that you want to say under oath.
Answered on Aug 27th, 2012 at 12:52 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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It is complicated. If he was properly served with an Order After Hearing, you can file a contempt of court after he misses on month's payment. That is complicated. Prepare a statement that he has not paid the court ordered support for the month he is missing. Put "I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct and was executed on August
Answered on Aug 27th, 2012 at 12:51 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You should seek contempt against him.
Answered on Aug 27th, 2012 at 12:50 PM
Suzanne H. Lombardi
Your best option for child support is to have it go through CSSD. They will keep track of the support and make sure that you get it. As far as an affidavit it would serve you to speak with an attorney to have one drawn up. An affidavit is a statement that you swear to. So you can write up that he has not paid anything then sign it before a notary. A notary is a person that swears you are who you say you are so you will need an ID. An attorney could draw one up for you fairly quickly. With regard to your support your best option is to have all the payments go through CHILD SUPPORT - again they will help you make sure he pays.
Answered on Aug 27th, 2012 at 12:50 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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It sound like Legal Aid has a policy that it cannot render assistance until the payments are at least 3 months past due (probably because of the high number of persons in your situation). Their reference to an "affidavit" is a attempt to explain the documentation that is required to file a Motion to the court for Contempt and Judgment against your former spouse. Do some on-line research re "collecting past due spousal support" and you will get a better understanding.
Answered on Aug 27th, 2012 at 12:50 PM
You may be able to get a form affidavit online, Section 8 may have one that they prefer you to use. What you need to file with the Court is a Motion for Rule to Show Cause and Contempt Citation. You will also need a Summons, and have to serve your ex by Sheriff or certified mail. Call the clerk's office where you divorce was handled and ask if they have any type of Pro Se Clinic (Lake County has one at the Gary courthouse) or if they have form Motions and Summons in their office that you can fill out to file. Otherwise, you can try to google the different motions to find a form or example to work off of. Make sure you include the amount owed, that it hasn't been paid, what you have done to try to get him to pay (call, letter - whatever you've done), the date and name of the order that granted the support and that he has caused you financial harm. As for appropriate sanctions. These can include the late fees or extra interest you will have to pay because of his failure to timely pay support.
Answered on Aug 27th, 2012 at 12:49 PM
Cite him for contempt of court. Normally, you prove he has not paid by your testimony that he has not paid and then it is up to him to show otherwise.
Answered on Aug 27th, 2012 at 12:49 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You can file a motion for contempt on your own in the domestic relations court. In that motion, you should ask that the court change his direct payment to a wage deduction order, so it comes out of his pay check.
Answered on Aug 27th, 2012 at 12:48 PM
Steven D. Dunnings
You really should have it paid through the Friend of the Court's office so you would not have this problem
Answered on Aug 22nd, 2012 at 11:32 AM
Leonard A. Kaanta
You need to talk with the friend of the Court.
Answered on Aug 22nd, 2012 at 11:32 AM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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file contempt, get wage garnishment issued have security for payment order issued.
Answered on Aug 22nd, 2012 at 11:32 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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Go to the management office and ask them for a copy of their records showing that your ex is not paying them. You do not have to wait for 3 months. You have the right to file a Motion for Contempt now. Call your local family courthouse or go to their website to find out what procedure you must follow to file the motion yourself.
Answered on Aug 22nd, 2012 at 11:32 AM