After my divorce, I was ordered to pay alimony for 6 years. That time ended a few years ago but I still owe my ex-wife back alimony in the amount of $130k. I am now on probation and she recently took me to court on a Motion for Contempt. The final order stated that I have to pay a purge amount or go to jail for 179 days..
I gave her the purge amount but did not give her the 1st monthly payment which was due this month cause I'm having a hard time. She threatened to file a affidavit of non compliance against me. How does that affect my probation? Will my PO know once the affidavit is filed? Is that a violation? Do I have to pay her? All I have is my home that has a lot of equity, is that in jeopardy? Please advise.
Redirecting your question to the criminal defense section of this service for attention by those attorneys
Your non-compliance in a civil matter, like a divorce or paternity matter, should not violate your probation. That is not a new criminal law violation. It is a civil matter in which a judge can hold someone in jail for contempt for non-payment.
Don’t let yourself be intimidated by your wife in a divorce case. Although you are on probation and you may not violate any criminal laws, this is a civil matter.
The judge can order you to pay something and you can go to court and demonstrate your inability to pay and if that convinces the judge there will not be any problem.
The judge has the option to hold you in contempt of court and maybe even give you some jail time for willfully failing to comply with the civil court order if you had the ability to pay but that should not violate your probation in the criminal case
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