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Roger
Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Next step in child support enforcement? My girlfriend has

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Next step in child support enforcement? My girlfriend has an order for support, and a couple of months ago she filed for contempt due to his non-payment and also changed the visitation due to his drug habits. She was awarded the change to visitation (now supervised) but they denied the contempt because he is unemployed and is not "intentionally" not paying. He of course is supposed to be looking and reporting to the court. It is our belief he is now working, but not sure if he is working under the table or legit. He even has a car now and his mother says he is trying to get a loan to start a business. What should she do next to get her support?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

Your girlfriend can file a motion for child support and ask the judge to find that he owes support based on his imputed income - - which is how much money he could be making if he had a job (which is based on his training/experience and income history based on previous employment). This will at least require him to prove that he's trying to find a job by producing letters or applications made, etc. to the court. If he can't prove he's trying to find employment, the court can impute his income based on his income history.

At the very least, any support due should not be forgiven, and it should continue to accrue and when he gets a job, he should be required to pay his monthly support PLUS an amount to pay the arrearage he's missing now due to unemployment.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26894
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


We originally filed contempt about a month after the order, and eventually it was denied because they said he was not intentionally not paying, and did order him to seek employment. We know he is working now (via his mother and his discussions with kids), so should we file another contempt order? It has been over a year now and not a thing from him.

Expert:  Roger replied 1 year ago.
If you know for a fact that he's working, then a motion for contempt would be appropriate since he hasn't informed the court of his employment. The court should order him to pay going forward, and the judge should order him to pay an additional amount each month to catch the arrearage (amount he has failed to pay since being out of work) up.

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