Can I reduce my current child support and alimony obligations because of my remarriage and supporting my new wife?
My child support obligations will terminate this summer when my child graduates high school and is considered emancipated. Now that my child support payments are about to end, my ex-wife is filing a motion for maintenance.
The maintenance issue was left open-ended in our divorce decree, but can she get it awarded to her now simply because my child support payments to her are ending?
How much maintenance would I have to pay?
Attorney, Cordell & Cordell
If you fail to comply with an order of the court to pay child support, it’s likely the custodial parent of your child(ren) will seek an order of contempt.
A contempt action's real purpose is to ensure compliance with the order of the court. The practical effect, however, could be big trouble for an individual who fails to comply.
Most often, parties seeking a contempt order threaten jail time for the non-paying party. The reality is that jail time could be a remedial measure used by the court, but it is more often a last resort for the judge.
A contempt action is civil in nature and the purpose of the contempt is remedial rather than punitive. This means that the purpose of an order of contempt is not intended to "get you in trouble."
However, one child is 18 years old and I am unemployed living in a friend's apartment while my wife lives for free in her boyfriend's house and has a full-time job.
The judge must have inaccurate financial information to force me to pay so much money while I'm unemployed and broke with no place to live.
How can I get these temporary support orders reduced or eliminated?