Going through a divorce and husband is not paying any support. We both work and make the same income. I have 3 children who live with me and husband was order to pay the mortgage on the house. He has refused and house is not in foreclosure.
You file an order to enforce litigants rights and ask the court to arrest him for not following the court order.
The court rarely does that but he needs to know it is one of the consequences on not following court orders. Good luck.
You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful
(Even if you are not filing a lawsuit this information can be useful).
You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
You might find my legal guide on divorce in general and in NJ helpful.
(Much of this information is valid for unmarrieds who have children together).
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
Generally, when a person is going through a divorce, they can request temporary support which is called pendente lite support. The person can file a motion with the court for pendente lite support, and they must include a case information statement which shows their income, assets, and debts. The court will generally order support based on the parties' incomes, assets, and debts. For child support, the court will generally use the Child Support Guidelines, which is a method of calculating child support.
If temporary child support has already been ordered but is not being paid, then you can file a motion to enforce litigants rights. The court may order that child support be garnished directly from a person's paycheck. The court may award fees and costs as a sanction to the other party for not paying their ordered support. I agree with Mr. Sarno that, in rare cases (and usually when the support arrears are extremely high), the court can issue a warrant for the arrest of the person who is not paying support.
DISCLAIMER: Please be advised that this is general information for informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. It is strongly advised that you contact a local attorney to obtain legal advice specific to your case.