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My husband has three separate court orders for my school tuition,

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spousal maintenance and child support...
My husband has three separate court orders for my school tuition, spousal maintenance and child support (which is to be paid to the state). He has only agreed to pay a specific amount which is my spousal support plus 500.00 per month. The child support is in excess of 2500.00 per month. He refuses to pay the state and deposits this amount into my checking account every month starting in December. Do I have to use this unspecified amount for child support or can I just use it for spousal maintenance and file contempt charges that he has not paid child support? It is not an amount that is exactly my spousal maintenance but it is certainly not child support either. Not sure what to do.
Submitted: 7 years ago.Category: Family Law
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Answered in 4 minutes by:
2/1/2010
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 7 years ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
Good morning,

I'm sorry to hear of your dilemma.

You should consider filing a motion to find him in contempt for not pay the total.

It really doesn't matter what you call the money he places in your account--except for tax purposes. In that instance, you might want to take the position that you received child support as that is not taxable to you.

Retain an attorney and petition to have him found in contempt.

I wish you and your family the best in 2010.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
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LawTalk
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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
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Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

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