QUESTION

I have been late on my child support due to work, but have caught up and paying on time now. My ex is taking me to court for contempt

Asked on Jul 12th, 2013 on Child Support - Colorado
More details to this question:
I don't know why she is doing this since I have been on time and caught up the last few months. Im not late now. What is a judge going to do to me? She also is not alowing me to have my over nights. I any case, can she get damages? I have no idea what is going on.
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1 ANSWER

Legal Separation Attorney serving Boulder, CO at Flatiron Legal Advisors LLC
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If you were current on your child support when she filed for contempt, then you would not be in contempt since you were not violating a court order at the time (and you could file a motion to dismiss the contempt). As well, if you were unable to pay, that would be an inability to comply with a court order, which is also a defense to contempt. Since you are caught up on child support, if you go to court, the court likely would just tell you to stay in compliance (i.e., maybe a slap on the wrist). If she is not allowing you to have your court-ordered parenting time, then she is in contempt - you can threaten her with contempt in that case. If you proceed with contempt, the court will almost always order the other party to pay your attorney fees if you want assistance (assuming the court finds that the party was in contempt). I hope this helps. 
Answered on Jul 18th, 2013 at 2:22 AM

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