should we do anything?

[Becki C.]

state: tennessee

my husband has custody of his two children from a previous marriage. he recently secured a judgment against his ex-wife for $20,000.00 in back child support. the judge also increased her monthly child support obligation from $325.00 per month to $409.00 per month. the increase reflects $275.00 for the original child support amount, $84.00 for reimbursement for one half of the two children's monthly medical, dental and vision insurance and $50.00 to assist in catching up on the arrearage. $78.75 was the old amount being deducted from the NCP's check per week, the new amount is $93.64 per week; however, we have only received the "new amount" twice since the new amount went into effect on Feb. 1, 2005. Is it petty of my husband to file a contempt charge since the NCP is roughly $14.00 short per week and $48.00 short per month? Should we just deal with it or make it an issue? would the judge be more likely than not to think my husband petty for pursing a contempt charge over $48.00? clearly the NCP's arreage is only climbing, not being reduced.
thanks in advance for any comments/advice.

 

[LdiJ]

state: tennessee

my husband has custody of his two children from a previous marriage. he recently secured a judgment against his ex-wife for $20,000.00 in back child support. the judge also increased her monthly child support obligation from $325.00 per month to $409.00 per month. the increase reflects $275.00 for the original child support amount, $84.00 for reimbursement for one half of the two children's monthly medical, dental and vision insurance and $50.00 to assist in catching up on the arrearage. $78.75 was the old amount being deducted from the NCP's check per week, the new amount is $93.64 per week; however, we have only received the "new amount" twice since the new amount went into effect on Feb. 1, 2005. Is it petty of my husband to file a contempt charge since the NCP is roughly $14.00 short per week and $48.00 short per month? Should we just deal with it or make it an issue? would the judge be more likely than not to think my husband petty for pursing a contempt charge over $48.00? clearly the NCP's arreage is only climbing, not being reduced.
thanks in advance for any comments/advice.

If the full amount isn't being taken out then its likely that its due to state law regarding the maximum that can be garnished from someone's income.....which means that any shortages are just going to get added to the balance due for arrears. Its probably worthless to take it back to court at this point.