QUESTION

What is the possible outcome if I won’t be able to pay spousal support?

Asked on Nov 18th, 2013 on Divorce - Idaho
More details to this question:
Five years ago I got ordered to pay my ex wife spousal support. The last year and a half I could pay the full amount so now I am done with the payments but I still owe back pay. I have been sending her a check for less to pay the back support. Her attorney just sent me a 15 day demand letter. I can't pay it what are my options? What is the worst thing that can happen to me if I can't pay in 15 days but continue to send her checks?
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7 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Worst case you will get dragged into court on a Motion for Show Cause for why you should not be held in contempt of the court..Albiet this would be very very late since you should have been dragged into court years ago when you were not making payments. So.. continue to make payments in good faith (as much as you can) to clear the arrearage keep track of how much you owe. Send the attorney a letter (keep a copy) saying you are paying as much as you can and you will continue to pay in good faith until the arrearage is taken care of. If they file the motion be sure to hire an attorney to defend yourself. The 2 worst case scenarios is 1) you get thrown in jail for contempt of court (unlikely if you continue to make good faith payments) and ii) you get socked with HER attorneys fees added on btw Your defense to the motion for an order to show cause for not clearing the arrearage in full is that you cannot afford more now (so if you can afford more you should pay more now).
Answered on Nov 19th, 2013 at 12:57 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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The worst that can happen is you could go to jail for contempt. However, if you are making a good faith effort to address the back payments and making an adequate payment towards the arrears, then you should be okay. Of course, if you were supposed to pay $750.00 per month and now are only paying $75.00, that would not be considered adequate, especially if the arrearages are substantial. You may want to consult with and retain an attorney to assist you.
Answered on Nov 19th, 2013 at 12:57 PM

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If your financial circumstances have changed you should apply to the court for a modified order. If you don't modify the order, your ex may seek to have you held in contempt which is punishable by fines and incarceration.
Answered on Nov 19th, 2013 at 12:57 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Worst is jail. Depends on the Judge but if you are making a good faith effort to pay most judges will allow that to continue.
Answered on Nov 19th, 2013 at 12:56 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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There will be a judgment for arrears. Bank accounts, wages and any assets you have can be attached. It is possible that any tax refund you get will be attached. The best thing to do is contact the attorney and work out a payment plan for the arrears. Good luck.
Answered on Nov 19th, 2013 at 12:56 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Hire you own attorney and prepare to explain to the Court why you did not comply with its order.
Answered on Nov 19th, 2013 at 12:56 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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The worst that could happen is that you could be held in contempt. However, call the attorney, be prepared to give him copies of your financial information to show what you can afford to pay and see if it can be worked out. If necessary, can you take out a loan to pay it off? That would be better than having this hang over your head.
Answered on Nov 19th, 2013 at 12:55 PM

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