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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I was served an OSC for Contempt - not paying child support. I

Customer Question

I was served an OSC for Contempt - not paying child support.

I am not guilty. Other than pleading "not guilty" , do I file a Contempt Case against my former spouse for medical, dental, psychological, etc. expenses that he has failed to reimburse 50% of (per the Judge's order)? These amounts are in excess of what he claims I owe him.

There is also an order ordering him to pay my attorney fees for $5,000 that child support from me was to be deducted froml. The amount ordered has not been satisfied.

So do I file a Contempt Case or do I wait for a court date from the "Not Guilty" plea.
Submitted: 4 years ago.
Category: Family Law
Expert:  originallawyer replied 4 years ago.
You can certainly file your own contempt case if your ex is not upholding his end of the bargain. Otherwise, be prepared to present evidence that you have been paying at the show cause hearing. You should also should file an answer to the Order to Show cause, stating your defenses to this allegation of not paying support.
Customer: replied 4 years ago.

I was told by another Just Answer attorney DO NOT FILE A RESPONSE simply plead "not guilty" and they will set a court date and appoint me an attorney.


I figured I'd just file a contempt charge against him while I was in the court house for other monies he owes me ...and wanted to know if I should include the non-reimbursed stuff or wait for the court date

Expert:  originallawyer replied 4 years ago.
I will not argue with the advice you were given by the other attorney.

Yes, you should include all areas in which he is in contempt. They may choose to have both OSC hearings at the same time.