My ex was ordered to pay me support back dated to September of 2018 but I have not received a penny yet and my car was just repossessed on Friday due to a missed payment. I am only working part time and looking for additional work. I remained in our home, with my daughter and our 3 dogs, that we rented and he moved out. I had help from my family for a few months to get by until I started receiving spousal support, well that hasnt happened yet and I started falling behind on bills and have been cutting out the things I can do without (cable, gym, etc.) I even let my medical insurance go because it was something that I wasnt utilizing and it was a way to cut my expenses further. I also missed my car payment last month with plans to figure it out asap. I wasnt fast enough, they took my car on Friday. However, if I had been receiving my support I wouldnt of had to do any of this and my car would of been paid. My question is, can my ex be responsible for my missed car payment and the repo? I leased the car after we separated and it's just in my name.
The order for the back support usually would provide a date the support had to be paid or a schedule of monthly installments of back support. If he still has time to make the first payment, he has not violated the order. If the order does not specify due dates he has a reasonable time to pay. If he has not made the payments in a timely manner, he can be held in contempt. There are Judicial Council forms to do this starting with FL-410. If is found to be in contempt he can be ordered to pay the sums due by a certain date or face jail time. He can also be fined and ordered to pay your attorney fees. Take your order to an attorney or the court's clinic to get more information.
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