Not adhering to court order

[tenacious199]

AH not responding to court order to pay pension entitlement directly to child. Filing contempt of court. AH stating that i need to send proof of requiremnts to them as well as enforcement ' Have sent proof to FRO as required. Do i have to send to AH personally as well/ Order says i need to communicate with enforcement. My intepretation of order is that i only have to send to court ordered agency. AH hss stated that compliance will come when i adhere to AH's rules. I beleive i only need to provide what is expected to the court ordered agency. Obviously AH thinks that i still need to answer to him and enforcement agency.
Thoughts?

 

[Tayken]

AH not responding to court order to pay pension entitlement directly to child. Filing contempt of court. AH stating that i need to send proof of requiremnts to them as well as enforcement ' Have sent proof to FRO as required. Do i have to send to AH personally as well/ Order says i need to communicate with enforcement. My intepretation of order is that i only have to send to court ordered agency. AH hss stated that compliance will come when i adhere to AH's rules. I beleive i only need to provide what is expected to the court ordered agency. Obviously AH thinks that i still need to answer to him and enforcement agency.
Thoughts?

1. Contempt motions are quasi-criminal and not to be thrown around lightly. You are asking the court to make a determination of fine or incarceration.

2. Go to court on this and you may find that the amount owing to you is reduced. Family Courts do not bankrupt parents.

3. Read the rules of Civil Contempt carefully. You may not be able to contempt someone on not paying money. Double/triple check this one before even proceeding.

4. Lawyer is the best person to assist you in a contempt motion. It is very hard to do self represented.

5. Contempt motions go to questioning, etc... They are incredibly expensive to proceed with. If the other party defends properly then you have a very expensive and long fight on your hands.

6. Balance the cost of a contempt motion versus the outstanding money owed (and if you can even contempt on that). If the cost of the contempt motion even comes close to the value owed... Explore better options that are more cost effective.

7. Contempt motions just cause problems... They don't SOLVE problems.

Good Luck!
Tayken

 

[tenacious199]

Thank you for your advice Tayken and I agree on several levels, however, what to do when someone is not complying with an order that does not involve FRO.