Is not paying spousal support always considered contempt of court?

[Harmonygrl]

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

Hi there,

I am asking on behalf of someone else who is trying to represent himself in this matter. He has been unemployed since 2008 and has been trying to find a new job -- when the unemployment checks and savings ran out, he stopped paying alimony to his ex.

He is about 2-3 months behind (depending on what calculation you use, since his ex remarried in 2009 and the decree terminates support upon remarriage). These amounts are back from 2009.

He has a court case coming up on this matter now, and he is worried about whether this will be punishable by contempt of court / jail. He has filed motions in response to his ex's motions, on his own (pro se) to explain his situation, but he has not sent any funds because the amounts that she demands are well beyond what is truly owed.

Can anyone shed some light on this for me? TIA!

 

[LdiJ]

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

Hi there,

I am asking on behalf of someone else who is trying to represent himself in this matter. He has been unemployed since 2008 and has been trying to find a new job -- when the unemployment checks and savings ran out, he stopped paying alimony to his ex.

He is about 2-3 months behind (depending on what calculation you use, since his ex remarried in 2009 and the decree terminates support upon remarriage). These amounts are back from 2009.

He has a court case coming up on this matter now, and he is worried about whether this will be punishable by contempt of court / jail. He has filed motions in response to his ex's motions, on his own (pro se) to explain his situation, but he has not sent any funds because the amounts that she demands are well beyond what is truly owed.

Can anyone shed some light on this for me? TIA!

It might have been better if he had at least sent what he believed he owed.

 

[mistoffolees]

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

Hi there,

I am asking on behalf of someone else who is trying to represent himself in this matter. He has been unemployed since 2008 and has been trying to find a new job -- when the unemployment checks and savings ran out, he stopped paying alimony to his ex.

He is about 2-3 months behind (depending on what calculation you use, since his ex remarried in 2009 and the decree terminates support upon remarriage). These amounts are back from 2009.

He has a court case coming up on this matter now, and he is worried about whether this will be punishable by contempt of court / jail. He has filed motions in response to his ex's motions, on his own (pro se) to explain his situation, but he has not sent any funds because the amounts that she demands are well beyond what is truly owed.

Can anyone shed some light on this for me? TIA!

He should really talk with an attorney who knows the judge in that area.

Generally, most judges don't throw someone in jail for the first non-payment charge, but there are probably exceptions.

 

[LdiJ]

He should really talk with an attorney who knows the judge in that area.

Generally, most judges don't throw someone in jail for the first non-payment charge, but there are probably exceptions.

I agree, but since these amounts are at least a year past due, the judge won't be thrilled. He should probably come to court with SOME money, and be prepared to find a way to pay up the rest in a fairly short amount of time.