QUESTION
What can I do if my ex husband was ordered to pay me $100 a week for alimony and he failed to do so?
Asked on Feb 03rd, 2014 on Divorce - Georgia
More details to this question:
He does not pay me weekly. He waits sometimes two to three weeks before he pays me. Is this considered contempt?
7 ANSWERS
Untimely payment is not generally considered contempt. If timely payment is an issue, consider obtaining a wage assignment order so that the money will come directly to you.
Answered on Feb 07th, 2014 at 1:27 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Does he pay you what he owes or is he behind? If he isn't behind, then it is a matter of timing and I doubt that the court would find him in contempt. If he is starting to accrue a balance, then yes, file for contempt.
Answered on Feb 06th, 2014 at 12:35 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Generally speaking, there is a 30-day window for payments to be made without being considered delinquent. So two weeks or so would not qualify as contempt.
Answered on Feb 06th, 2014 at 12:06 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File Motion to Enforce with your court, ask for payment by income deduction order.
Answered on Feb 06th, 2014 at 12:03 PM
You can go back to Court on a Motion for Contempt and Enforcement. The Judge will assist in requiring him to pay, even if the Judge has to put him in jail for a few days. Good luck.
Answered on Feb 06th, 2014 at 12:01 PM
Criminal Attorney serving Houston, TX
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The Montes Law Firm
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It is technically contempt any time a person fails to follow a court order; however, in a case involving spousal support or child support for that matter, the court can not find him in contempt if he is caught up by the time he has a hearing. Your post indicates that he would likely pay up before anything happens to him. Good luck.
Answered on Feb 06th, 2014 at 11:57 AM
If your husband is refusing to abide by a court order, then you can file a contempt of court action against him. If he is employed, you can ask the Court for an income deduction order so that his employer removes the alimony directly from his paycheck. I usually recommend people not filing for contempt until the payor is more than 30 days late.
Answered on Feb 06th, 2014 at 11:55 AM