Question for family law attorney's

Child Support 3 views 3 answers
On march 18th, 2015 i was ordered to pay 900.00 to my ex wifes attorney (she was awarded attorneys fees and cost) and i was givin 30 days to pay the balance however i was on short term disability only receiving 724.00 a month from ssi, i just started going back to work almost 2 weeks ago, my ex atrorney just sent me a threatening email saying she will file a motion of contempt if i don't pay the entire balence in 24 hours and i dont have that kind of money to come up with in 24 hours, i asked her if i could work out a payment plan with her but she isn't responding, my question is what are my opinions??

Attorney Answers

3
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
In order to be held in contempt you must have the ability to pay and fail to do so. Be prepared for a second motion for contempt with additional attorney's fees if the court finds you had the ability to pay.
0 upvotes
A Mullaney ·
You should pay what you can ASAP. Send a check by certified mail (with a return receipt). If the lawyer won't accept it, fine. In another hearing they will need to show that you had the ability to pay. "Ability to pay" is a difficult concept. You need to pay the lawyer before many of your expenses get paid.
0 upvotes
Lisa Vari ·
If they file a Motion for Contempt there will be a hearing on the issue. The Court will likely only find that you are in contempt if they find that are you purposely violating the previous order. In order to prove that you currently don't have the ability to pay the $900, be sure to bring evidence of your current economic situation to that hearing. I wish you the best of luck.
0 upvotes

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