Check Out Our Podcast: Catastrophic Comeback
Personal Injury Law Firm | Wilmington, NC | Speaks Law Firm
Call UsEmail Us
(910) 341-7570

I have a child custody and or child support order and the other parent is not paying; what can I do? What is Contempt?

I have a child custody and or child support order and the other parent is not paying; what can I do? What is contempt?

There are several ways to ensure payment of child support once there is an order in place. The two main ways are wage withholding and contempt.

Wage Withholding

This can be done initially as soon as the child support order is entered. The parties can choose not to do income withholding if they make a written agreement that shows support will be paid in another way and that income withholding is not necessary or is unreasonable. Wage withholding can be applied at a later date if a motion is made by either party under one of the following circumstances: the paying party is one month in arrears, the 4 paying party requests the withholding, or if payments have been made in an unreliable or irresponsible way. The most that can be withheld is forty percent of the disposable income.

Contempt

There are two types of contempt, civil and criminal.

Civil contempt is not meant to be a punishment. but instead designed to make a person do what the court has ordered. Civil contempt can be initiated by an order to show cause issued through the court or by a motion and notice filed by the party who is owed support. To find civil contempt, the delinquent payor must be found by the court to have willfully failed to comply with a support order and have the current ability or means to comply. The court will decide this on a greater weight of evidence standard.

If the judge finds these two factors, the payor must "purge" himself by one of several methods. Some examples include jail time, attorneys fees, or an award of interest on the past-due amount from the date the motion or complaint was filed.

Criminal contempt can be direct, meaning willful actions that disrupt court proceedings happening in court; or indirect, meaning out of court action. In a direct contempt action, the alleged contemptor will be given notice of charges and opportunity to be heard. When there is no such summary hearing, the alleged contemptor must be given a show cause order.

The show cause order is like a criminal indictment and the alleged contemptor may try and have the order dismissed. Criminal contempt is an offense against the state and remedies include a fine up to $500, imprisonment up to 30 days, censorship, or any combination of the three.

There are several less often used methods of getting past due child support including security, transfer of property, leins, garnishment, arrest and bail, forfeiture of licensing privileges, and in extreme cases, uses of the Federal Deadbeat Parents Punishment Act.

In conclusion, to ensure that you get the support money you are due, court action must be taken.

Schedule Your Free Case Review
(910) 341-7570

Questions or Schedule An Appointment?

Contact Speaks Law Firm

Thank you for your interest in contacting Speaks Law Firm. For immediate assistance, call (910) 341-7570 or fill out the form on this page.

Ask a Question,
Describe Your Situation,
Request a Consultation

Main Contact Form Side Home
* Required Fields
Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Our Locations

Hours of operation

Open: 24/7
Speaks Law Firm is recognized by National Attorney ranking services for excellence in the fields of auto injury and workers’ compensation in North Carolina.
Copyright © 2024. Speaks Law Firm. All Rights Reserved.
Powered by Law Firm Marketing Pros
Follow Us
twitter
Authentic Reviews | Write A ReviewAuthentic Reviews | Read Our Reviews

Hours of operation

Open: 24/7
Speaks Law Firm is recognized by National Attorney ranking services for excellence in the fields of auto injury and workers’ compensation in North Carolina.
Copyright © 2024. Speaks Law Firm. All Rights Reserved.
Our Personal Injury Law Firm Office in Wilmington, NCSitemap
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship
Skip to content