Q: Ex is to provide monthly Child Support payments and has barely made any payments, EX MIL says No Job, No Money.
My ex is to provide child support monthly due to a provisional order. He has barely paid and not consistent. While the ex MIL says No Job, No Money. Is he being in contempt?
A: For you r ex to be in contempt, the Court must find a "willful disregard" of the Court's Order. If your ex is temporarily unemployed and does not have any income, then he could argue that he is not willfully disregarding the Court's Order, as he does not have the financial ability to pay the support. In my opinion, he would have to show the Court that he is taking great efforts to find employment by applying for multiple jobs per day to not be found in contempt. He cannot simply say, I don't have a job, therefore I cannot pay the court ordered child support.
Further, I assume he is eating, has a roof over his head and all his needs are being met, so if he has access to income to pay his own expenses, then he should have the ability to pay something towards his child support obligation.
I recommend contacting the Prosecuting Attorney for Child Support enforcement in your county. You can assign your child support enforcement rights to the prosecutor and they will actively enforce your order without you having to incur additional legal fees.
If you have any additional questions, please feel free to contact me at 317-565-1818.
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