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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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My child support order is with DCSS. As of today both my ex

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My child support order is with DCSS. As of today both my ex and technically his employer are in contempt of that order. I am worried about myself though as I have to pay him spousal support and it was meant to offset his total amount of cs. The deal was that DCSS would collect the full amount and I would have to send him the ss out of that. This said, since I haven't received his money, I obviously haven't sent him his ss either which would technically make me in contempt as well.
I could send him the money but then I would be seriously strapped for cash as I already paid all of last month's daycare and supported our children and I have to pay another two weeks worth of day care up front again this Monday.
What would be the best course of action for me so that I don't find myself in contempt?
Submitted: 3 years ago.
Category: Family Law
Expert:  Joseph replied 3 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed family law attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. The "deal" you mentioned, was this written in any court orders?
  2. Does he actually make his payment first? And then you make your payment?
  3. What is the amount of his payment? And your payment?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 3 years ago.
1) No the court papers do not mention the "deal" which is why DCSS can't "discount" his total payment. The orders state his amount to me for CS and then my amount to him for SS.
2) What DCSS suggested we agree to so we didn't need to get a new court order would be to have to extract the full payment from him either on the 5th and 20th when he is paid or, if his employer chooses to, one full lump payment by the end of the month. Then I could pay him his SS again either half on the 5th and 20th or out of a full month payment by the end of the month. I emailed him after we talked about handling it this way to confirm our discussion ( bcc'ing myself).
3) His payment is $1,173/mo and mine is $334/mo
Expert:  Joseph replied 3 years ago.

Thank you for the additional information, it was very helpful.

 

My thought would be to go ahead and proceed with the contempt issue against him. From there, you could do one of two things...

 

If you don't think he'll do anything in response, then just proceed with the contempt. In your motion, simply detail that the order exists, he is supposed to make payments pursuant to that order and he has failed or refused to do so.

 

Or, if you prefer being more proactive, you could add some language to your motion. You might consider indicating in your own motion that you are now falling behind on your support to him but that his own actions have caused the problem as you can't afford to pay your support due to his non-payment.

 

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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