By Dennis Gac -
If you get hit with a contempt of court for non-payment of child support, there are several defenses you can offer if indeed you are truly unable to pay and not merely ignoring the court order. Here are ten defenses you can offer the court that can help your case.
- First, they need to understand it is not “willful” on your part. Meaning your circumstances have dictated your lack of payment.
- Always pay something. You want to be inconsistent with payments to show a struggle, but make some payment no matter how small.
- Bring a properly written response to court with you clearly outlining your defense.
- Provide proof of payment by way of check receipts and a past due payment plan.
- Be prepared to file for a Child Support Modification plan if it is a long term situation and tell the judge what you are planning to do.
- Be respectful and humble. Don’t be belligerent or angry. It won’t help anything at all.
- Offer a calm defense. The other side is going to do their best to shake you and may even lie. Stay on track and present your defense.
- Document why you cannot pay such as documents from work showing cut back hours, a letter stating you have been laid off, etc.
- If it is a medical reason, have copies of all your medical records with you proving the problem.
- Most often, you will not end up in jail like everyone thinks, but it can happen. Do not panic if it does! Don’t gather up the money from friends and relatives to “pay up”. This just shows you can really pay if threatened with jail.
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