Collecting support - when to file contempt of court charges

"mount his defense"....LMAO. WHAT defense??

Sounds like my ex...after the protective order was granted, during a recess, my attorney offered to stipulate "emergency" visitation, because he hadn't seen the kids in almost a month. His reply was, NO, I don't want to do anything here (in NM) that is going to jeopardize my chances of fighting this in TX (our home state at the time). Fighting me and winning was more important than seeing his kids, whom he claimed to love above all else.

After that day 9/27/07, his "fight" was to file for divorce. He lost just about everything, and he didn't see the kids again until 3/15/08 (again, his personal choice).

What a dirt bag.

In answer to your question, I would venture a guess and say contempt is contempt. If he missed a month's payment and doesn't have a legitimate excuse as to why, then he's in contempt, I believe. Some people wait a while and give the ex 2 or 3 months to catch up.  you could go to court and fight it. Missing a month, the judge may only slap him on the wrist and say don't do it again. But you can't squeeze blood from a turnip. The question is, do you have the money to fight it, and do you really think it will make a difference? If it will, then do it. I don't think God Himself could make my ex pay...he's lost his license, been threatened with jail time, etc. He doesn't care...he just runs to another state and hides for a while.

Good luck in your endeavors, whichever road you take :o)

what the heck kind of defense can he possibly have over child support? Or spousal for that matter, a month after it has been ordered...the time he should have mounted his "defense" was before it was ordered - he didn't prove his case then, there is nothing new he can say that will change anything.

What a jackass.

In that he is in contempt for more than one thing, basically blatantly ignoring the entire divorce order, you can bring contempt now - it's fine. Each thing he is doing wrong needs to be it's own contempt charge - However it would be in your best interest to get his refusal to pay (and his rediculous reason/s) in some form of writing. E-mail, or reply to a certifed letter you send demanding his conformance with the order.

He can't arbirarily decide to ignore an order just because he doesn't agree with it - he still has to pay (and do whatever other things) until he files to modify it and wins that case. Until then, he's on the hook no matter how he feels about it.