subject: Defend Yourself Against a Contempt Order if You are Laid Off [print this page] In today's economy, there are many dads whose job hours have been reduced, or who are laid off and are no longer able to pay child support. This usually means trouble for the dad. Contempt of court for non-compliance can be the result of this. But, keep in mind that she actually has to prove you are not paying on purpose willfully disobeying the order. Being prepared can help you provide a strong defense.
Document Everything
In any situation regarding your divorce or custody battle, document everything. Have your boss write a letter explaining why and when you were laid off, or the reason your hours were cut. Keep your pay stubs and notices and present them to the judge.
Provide Proof
Documenting everything provides proof that you didn't avoid the issue deliberately. Your ex-wife is claiming, and trying to prove, that you are in willful contempt. You need to prove you are not. Your best offense is a great defense. You need to be prepared for anything before it actually happens.
Make Some Type of Payment
This goes a long way in the judge's eyes in establishing willingness on your part. Making some kind of small payment is better than paying nothing at all. You want to vary the amount you pay and the time you pay it, but definitely pay something.
Show a Plan for Payment
How you are going to make up back payments and the fact that you intend to do your best to do that needs to be shown clearly to the judge. Be prepared with a plan outlining just exactly how you will do this. This is going to make things go much easier for you and, again, shows willingness on your part to get things right and show that you are not willfully disobeying the order.
Defend Yourself Against a Contempt Order if You are Laid Off
