One method of collecting child support arrears is through support contempt proceedings. The article below discusses the rules for using this method of enforcement and how to file a motion for contempt to begin collecting back child support.
In family law cases, if there are children there is child support. And most states now require an order for support anytime the court considers children's issues. But unfortunately, getting an order for child support and collecting child support are two separate jobs. A common procedure for enforcing child support is the Motion for Contempt.
A brief description of the Motion for Contempt:
Your old case is reopened and a Motion for Contempt is filed. The Motion is a request to the court to force someone to comply with the terms of a previous court order - such as the payment of child support. A hearing must follow the filing of the Motion, usually thirty minutes in length.
The basic rules for a Motion for Contempt are:
Many states have available self-help forms that are valid for family law cases. Among those forms you may be able to find a generic "Motion for …" that you can turn into a Motion for Contempt. In that Motion, you must say facts that lay out conditions one through five, the requirements for a Contempt Order.
After the Motion is filed, you must call the judge (or follow your local procedure) to schedule a hearing. You must also mail everyone, including the court, a Notice of the date of the hearing.
Things the judge can do:
Every state is slightly different so you should do more research before taking these steps. Also, many states have a child support enforcement agency that will help you enforce support. The pros and cons of these services is a topic for another day. Other options include private attorneys, and paralegal services. The main thing is to do your research, make your plan, and then move forward with your case.
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Copyright: The Divorce Center PA. Provided by . Information provided by Howard Iken, Orlando Divorce Attorney (800-469-3486).
The above article is a good overview on how to file a Support Contempt motion. The following articles offer more information on child support and how to collect child support...