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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33760
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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What if someone get behind on their payments and they are

Customer Question

What if someone get behind on their payments and they are reported. Served? What can happen to the paying spouse?
Submitted: 15 days ago.
Category: Legal
Expert:  Barrister replied 15 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you give me a little more information... Paying on what?

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Alimony? Child support? Judgments? something else?

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What state is this in?

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Has the person been served with a contempt summons to come to court?

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thanks

Barrister

Customer: replied 15 days ago.
It is for alimony. The state of South Carolina. His wife sent him a copy of it the court summons but no one has served him yet she sent a copy via text a picture of it. His financial situation is changed iand he's two months behind but he did explain to his ex-wife that he was going to start getting her caught up this month November
Expert:  Barrister replied 15 days ago.

Ok, then once he is served, he will have to go to court and explain to the judge that there was a change in his income or finances that got him behind. The judge will then likely order him to continue to make his current payments and pay something towards the back payments. There is a very low chance that the judge would do anything more severe, like put him in jail, because that will only serve to put him further behind and make it impossible to get caught up.

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If this was a permanent reduction in income, he could actually request that the judge permanently reduce his alimony based on the change in income.

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thanks

Barrister