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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex husband was ordered to pay $1150 a month child support

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My ex husband was ordered to pay $1150 a month child support in our court order from 2007. He has only paid this full amount approximately 4 times. Many months there was no payment at all, and when he does pay, it is what he feels is a fair amount.

The child support was never paid through the clerk of court. I am now ready to file to get the money paid. If I file for contempt for nonpayment, what kind of documentation do I need to show that he hasn't paid? Or is the burden of proof on him to show that he has paid it.

I can show 2011 to present...but it goes back to 2007. Am I just out of luck for not having it paid through the clerk?
Thank you for your response. I look forward to working with you to provide you the information you are seeking for informational purposes only.

There is what is known as a "sliding burden of proof" which means you first show the proof you have of what he has paid and then it is up to him to try to prove he paid more. You need to file a motion for an order to show cause for contempt of court and should have had your attorney filing these every time he did not pay what he was supposed to pay to establish he is willfully refusing to abide by the court order and the court can award you attorney's fees on your contempt motions.

You can show any bank records you have that reflect any payments you received from him. You have to put your records together the best you can to show what he actually owes you in arrears. If you cannot come up with any records at all from 2007-2011, then this could be a problem, but you can seek proof through discovery to make him provide proof of his payments to help your case and your attorney will seek to have the court order him to produce those records.

Also, you need to ask the court for garnishment for future support in your motion.




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