I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You have the ability to file a Motion for Contempt of Court (also called an order to show cause). The motion needs to establish that the court order requires him to pay, that he has not done so, and that he has the ability to pay. It makes things easier for the judge if you attach a copy of the original order. The motion is filed with the clerk of the family court, and your ex will get a copy of it. He has an opportunity to respond, and then the judge will decide whether to hold a hearing.
There are various sanctions you can ask for, and it's up to you. You can ask that he pay interest on late payments, now and in the future. You can ask the judge to impose a penalty on missed payments. And if he continues to miss payments after repeatedly being told to make them by the judge, he could go to jail. When the time comes for permanent orders, you can ask the judge to order one or all of the following:
- Automatic deduction of your support from his paycheck
- Penalties for late or missed payments, payable to you.
Some counties have forms available on their websites, so start by checking the site for your county. If they're not listed on this page, or you don't see anything, call to ask if they have contempt forms. A local law library would also have the documents you need to file the motion.
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