How a Columbus Contempt Attorney Can Help
Since the ultimate goal is to enforce the divorce decree or the temporary order imposed by the court, punishing your spouse is what would happen when the process of reasoning with them has absolutely failed.
Also, remember that in order to prove contempt you need to show that your ex-spouse had the ability to fulfill the court demand and then willfully elected not to. In most cases, the offending spouse will have some excuse that they believe should absolve them of the requirement to pay. In the case of a support order that could be unexpected expenses or a reduction in income.
At this point, the court will need to determine whether or not the unexpected expenses are justified and that the lack of income is not willful. Bitter ex-spouses have been known to reduce their hours or avoid working completely in order to give the appearance that paying spousal or child support would be an undue hardship.
The point, however, is to give the offending spouse a comfortable place to retreat that benefits you. That entails offering a manageable resolution that ensures that you get not only the monthly support payments ordered in the divorce decree but any unpaid support that you are owed.
Alternatives to Filing a Contempt Charge
Filing a contempt charge can seem like a nuclear option—and it is. The best way to resolve a situation like this is to sit down and determine why the spouse has not made the required payments. In the event that they are doing it merely out of spite, then going nuclear is the last option on the table. If there are some good reasons why the ex-spouse is delinquent in their payments then working something out with them is the better option. By using a contempt charge you are forcing them into a corner. There is a time for that, but it’s a very strong card to play.