Not sure if this belongs here or not: money owed to Ex

[StampGirl]

What is the name of your state (only U.S. law)? CA

Its been a long time since I was here. But I have a concern.

I entered into a court order with my ex that I would pay for half the summer daycare costs he had (I didnt have any because I have been out of work since Nov and dont need daycare) over last summer.

I was to pay $50 a month (Aug & Sept) with the balance paid by Oct 1st. At the time I signed this, my husband's business was healthy. I would only owe $550. I also had many job prospects.

My husband's business is now out of work since last week and he didn't even get paid last week. The only income we have is my child support. That doesn't even begin to cover the necessities. I was unable to pay the $50 for Sept.

However, I am planning to work for a friend toward the end of this month and it should pay him in full.

Problem: He is threatening court action for violation of the court order because he didn't receive the $50 for Sept. I have told him for the last few weeks that I might not have it. We tried everything we could but can't even pay rent and barely put food on the table. Thank goodness we aren't having to drive to work cause we can't pay for the gas.

So here is my question: Can I really face violation consequences for missing the payment or (heaven forbid) not being able to pay in full what I owe on Oct 1st? And yes he will spend thousands to his attorney to take me to court for this amount.

What do I expect in court? I hate that it happened but I honestly didn't have the money.What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? CA

Its been a long time since I was here. But I have a concern.

I entered into a court order with my ex that I would pay for half the summer daycare costs he had (I didnt have any because I have been out of work since Nov and dont need daycare) over last summer.

I was to pay $50 a month (Aug & Sept) with the balance paid by Oct 1st. At the time I signed this, my husband's business was healthy. I would only owe $550. I also had many job prospects.

My husband's business is now out of work since last week and he didn't even get paid last week. The only income we have is my child support. That doesn't even begin to cover the necessities. I was unable to pay the $50 for Sept.

However, I am planning to work for a friend toward the end of this month and it should pay him in full.

Problem: He is threatening court action for violation of the court order because he didn't receive the $50 for Sept. I have told him for the last few weeks that I might not have it. We tried everything we could but can't even pay rent and barely put food on the table. Thank goodness we aren't having to drive to work cause we can't pay for the gas.

So here is my question: Can I really face violation consequences for missing the payment or (heaven forbid) not being able to pay in full what I owe on Oct 1st? And yes he will spend thousands to his attorney to take me to court for this amount.

What do I expect in court? I hate that it happened but I honestly didn't have the money.What is the name of your state (only U.S. law)?

What does your court order say about when those payments have to be made? Does the court order give a specific date?

 

[ecmst12]

It's possible. It's a court ORDER, not a suggestion. But he'd be paid by the time it got to court (right???) and that would make him look really silly.

 

[StampGirl]

What does your court order say about when those payments have to be made? Does the court order give a specific date?

It states minimum $50 per month with balance due in full on Oct 1st. The monthly payments are due on the 1st of Aug and Sept.

Its making me sick inside that I can't uphold my part of the court order. I had to use the child support payment I received on the 1st for utilities, food and my July car payment (yes those are a month behind as well).

 

[StampGirl]

It's possible. It's a court ORDER, not a suggestion. But he'd be paid by the time it got to court (right???) and that would make him look really silly.

I have assured him he will have his money in full on Oct 1st. That is going to really hurt as that money is needed to help pay rent etc.

But a court order is a court order. Its silly to realize he owes his attorney $1,000 or more and will pay her even more to take me to court.

 

[mistoffolees]

I have assured him he will have his money in full on Oct 1st. That is going to really hurt as that money is needed to help pay rent etc.

But a court order is a court order. Its silly to realize he owes his attorney $1,000 or more and will pay her even more to take me to court.

I would send him a letter stating that you're sorry that you haven't paid him, but that both your income took a serious hit and that you will pay him by Oct 1. He's not going to get a court hearing before then, anyway, but the letter will confirm that you actually intended to pay.

 

[TinkerBelleLuvr]

Have you applied for food stamps, etc? In order to be found in contempt, you have to WILLFULLY disregard a court order. What is your game plan on finding a job? Do you have a list of places where you have applied, etc? If you get hauled in front of the judge, can you demonstrate that you have done everything possible to pay your debt? What can you cut out of the budget to pay it?

 

[LdiJ]

Have you applied for food stamps, etc? In order to be found in contempt, you have to WILLFULLY disregard a court order. What is your game plan on finding a job? Do you have a list of places where you have applied, etc? If you get hauled in front of the judge, can you demonstrate that you have done everything possible to pay your debt? What can you cut out of the budget to pay it?

It doesn't sound to me like they have any "budget" right now since they cannot even pay their rent.

Stampgirl, I do encourage you to apply for any assistance that you might qualify to receive.

 

[CourtClerk]

She most likely won't qualify for assistance.... with the exception of medical, which he provides for the kids.

 

[ecmst12]

I don't know about CA, but at least here it's pretty easy to qualify for food stamps.

 

[Antigone*]

Aren't you the poster who was going to go ahead with a wedding ceremony but the wedding couldn't be official because the man you wanted to marry was not free to marry, or am I mistaken?

 

[GinAA]

I may have missed it or maybe you didn't say but how far away from dad do you live? If you aren't working then why can't you be taking care of your child and not have daycare costs? I'm just confused as to why you have this debt to begin with if you are not working.

 

[CJane]

Aren't you the poster who was going to go ahead with a wedding ceremony but the wedding couldn't be official because the man you wanted to marry was not free to marry, or am I mistaken?

Why would that matter?

 

[CJane]

I may have missed it or maybe you didn't say but how far away from dad do you live? If you aren't working then why can't you be taking care of your child and not have daycare costs? I'm just confused as to why you have this debt to begin with if you are not working.

They're a considerable distance from each other, and this is summer care, when dad has them a significant portion of time but works crazy hours.

 

[GinAA]

They're a considerable distance from each other, and this is summer care, when dad has them a significant portion of time but works crazy hours.

Thank you CJane.