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I followed custody order so why am I getting served for contempt of court from exwife's lawyer.

Ozark, AR |

Our custody/support order said to pay monthly amount until child's 18th birthday then pay arrears until paid. Arrears was paid a year earlier when I refinanced my house. Monthly support was paid until child's 18th birthday then I stopped. He does not graduate until May but exwife's lawyer drew up papers the way exwife wanted them, we all signed and agreed along with the judge. How can I be contempt of court if I followed the order?

Attorney Answers 2


That will be the issue. Your ex-wife's motion should set out the reasons she believes you to be in contempt. You can then demonstrate to the Court that you remained in compliance.

I suspect it may be an issue of how much was actually paid, and whether they believe you paid off all of the arrears, in which case it will be an issue of an accounting of the payments made and the amounts owed.

This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

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Are you sure the decree doesn't say pay until 18th birthday or until the child graduates from school? Perhaps that might be the issue.

I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.

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