When it comes to divorce and custody cases, particularly those involving child support, things can quickly become heated. You can be charged with contempt of court for nonpayment even though you are not, in fact, in contempt. But you must be able to tell the difference, and you must understand what true contempt is. This simple & easy guide will help you understand the distinction so that you can prepare a stronger defense if this situation happens to you.
First off, contempt of any kind means “a willful violation of a court order.” This essentially means that you purposely disobeyed the order because you choose to – whether or not you had the means. This means that your ex-wife cannot merely state, “he didn't give my money because he refuses to pay.” She has to prove that it was willful and not due to circumstances such as a job loss or the genuine inability to pay for other reasons.
Sadly, the court system will often look at nonpayment and consider it contempt without looking at the circumstances. This is not how it should be at all. There is supposed to be a remedial process as well. Their goal should be to help you “comply,” not to punish you. You need to clearly understand the difference yourself before you find yourself in a courtroom with no defense.
When you understand what contempt of court regarding nonpayment of child support is – you will be able to make the right choices. If you are simply refusing to pay without good reason, then be prepared to pay the cost. But if you are truly under challenging circumstances, know your rights and consult a child custody attorney at the earliest.
If you need a reputable & experienced custody lawyer who truly understands the burden, challenges, & what it demands to fight for your rights & privileges in child custody cases. Look no further than the office of Eric child custody, the foremost Child Custody Attorneys Fullerton. Contact Mr. Nakasu at 1- 714-916~9800 for a free initial discussion.
