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I am pro sa in a contempt hearing for nonpayment of support. Since the burden of proof is on me, what do I need to provide.

Monument, CO |

Respondent paid full amount first 2 months. Paid only partial amount on 2 other occasions and outlined as child support.5 months of no payments what so ever.1 month partial payment sent but stop payment imposed per respondents request to his personal bank, Only one amount ordered but broken down figures were noted in temp. orders. Final orders stated respondent to continue temp. orders until further notice.

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Attorney answers 3

Posted

Mr. Deasy is absolutely correct. You don't say what type of contempt action you have so it is difficult to provide more information here. Contempt actions are complicated and really should be done with the assistance of an attorney. Many of us on Avvo provide free consultations and you would be well served to contact one in your area (or one who practices in whatever district your case is in).

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for Colorado residents only. The answering party is only licensed to practice in the State of Colorado.

Posted

Do you have an attorney? If not, you really ought to retain counsel because contempt matters are tricky when it comes to the presentation of evidence.

The judge will expect you to be able to prove an order was in place, that the opposing party knew of the order, that the opposing party willfully disobeyed the order, and that the other party had the ability to pay (or has the present ability to pay). If you able to prove each of those things, either beyond a reasonable doubt if seeking punitive sanctions or by a preponderance of the evidence if seeking remedial sanctions, you may indeed prevail.

Good luck!

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.

Posted

You need to show the Court what was ordered by the Court (what amounts he was supposed to pay) and how much of that he actually paid. If you have all the numbers straight, your testimony will provide evidence of what you did and did not receive.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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