He has been consistantly late for over two to three yrs. If I do this can have him pay court costs and attorney fees.
General Practice Lawyer
You can absolutely file a contempt citation against him. You may want to consult with a family law attorney to prepare the paperwork for you and make sure you are seeking the proper remedies. You ca certainly ask for fees, bu they are not guaranteed.
Keep this in mind, you could spend a great deal of money to pursue the matter with counsel and receive not much in the end. contmpt is a serious matter and you ought to discus other possible remedies with that same attorney.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
I agree with Mr. Deasy. It is always a cost-benefit analysis.
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2 lawyers agree
You can pursue contempt, but the likely outcome is that the Court orders him to be more timely in his payments. The Court is unlikely to enter stronger sanctions the first (or even second) time this sort of issue is brought to them. As a result, it may not be worth pursuing if you are ultimately getting your support payments.
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Family Law Attorney
Yes, you can pursue him for contempt, but doing so may not be worthwhile. Judges see people who are thousands, and tens of thousands, of dollars behind on maintenance and child support. In my experience (30 years worth), they tend not to be very sympathetic to you if you are actually receiving your payments, but they are just a little late.
As for short check fees, that is in your control. If you do not have the money, do not write the check.
If he is employed, you might consider asking the court to have your maintenance withheld from his pay, rather than relying on him to write a check on time.
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