subject: Defending Yourself Against a Contempt Charge for Non Payment [print this page] If you are one of many dads who find themselves in a situation not of their own making, and yet still have been hit with a contempt of court order, there are things you can do to help you defense. Child support payment is crucial, but an angry mom--or someone speaking for her--may file if you miss payments, even if it was not your fault. If this happens, there are some things you can do in your defense.
Not Willful
This is the first thing you want to make very clear to the court. It was not a willful act of nonpayment on your part, but something circumstances created such as a job loss. One of the ways you can prove this is by making payments of some kind. The size doesn't matter as much as the willingness to pay. Be a bit inconsistent to show struggling.
Outline Your Defense
Put everything into a clearly written defense that you bring with you to the hearing. Put your response in writing even if you will be speaking and telling it to the judge. It helps you keep on track and provides a written record. Have written documents of everything showing reason for the changes, such as a letter from work explaining why you got laid off. Bring medical records if the reason is medically related.
Provide a Payment Plan
Bring receipts with you that show past payments. Never just give her cash for anything. If you are still behind and owe money, then you also need to bring a written payment plan outlining to the judge how you plan to catch up the amount owed.
File a Child Support Modification Plan
If your situation is not going to change anytime soon, you need to be ready to file a Child Support Modification Plan. This allows you to get the payment amount reduced based on your situation. Make it clear to the judge you are going to do this.
Be Respectful
Never go into the court room with an attitude of any kind. Anger and disrespect will get you nowhere with a judge. Your defense needs to be calm and well-prepared. Your Ex may do everything she can to make you angry, including lie. Expect that to happen and stay calm.
Defending Yourself Against a Contempt Charge for Non Payment
