Contempt of Court

[NorthGa]

This is in Ga.

How long do you have to wait to file contempt of court for not receiving the entire amount of court ordered child support? Oct. will be the first month. (This is suspected due to ex's comments.)

 

[Duranie]

You can file contempt any time but the courts are jammed pack. Neither CSE or the family court is going to rush to help you to file contempt on child support if he is only behind one month. They have bigger fish to fry.

 

[NorthGa]

Do I cash any partial payments or send them back?

 

[Duranie]

Well if you need the $$ I would take any money you can get. You might find you are in a constant battle with this man...choose battles carefully.

 

[jharris352]

Contempt

I would try not to be so combative. That is how the Court will see you too if you try to file contempt every 15-30 days. You are entitled to the partial payments, cash them.

Remember contempt is the "willful refusal" to follow a valid court order. If he is making partial payments he is trying. Work with him. Now if you know for sure that he has the means and just isn't paying, send him a letter (certified return receipt) that tells him to comply or face contempt. A letter is cheap, filing contempt isn't really cheap though if you win a Judge will probably award you legal fees.