What happens if the other party misses a child support payment? What if they do not show up to exchange the child(ren) on the day/time Ordered? Do I just file a "Motion for Contempt of Court?"by j c.williamslaw on 03/21/21
This is a question that comes up fairly often in our area of practice. What do I do when one party has not complied with a Final Judgment that is child related? For example, when one party is not making his/her child support payments on time, or if they are not complying with a court ordered Parenting Plan. To begin, it is always best (and encouraged), to always engage in conflict resolution. Let's say that a parent has missed a child support payment. Take it upon yourself, to inquire as to why that payment was missed (assuming that there is not an I.W.O. in place). Perhaps the parent forgot, something came up, or they may be dealing with financial hardships (COVID-19) that make it very difficult to meet their child support obligation. It is always encouraged to try to resolve the issue with the other parent before going to Court. The same applies with any issues regarding timesharing. If a parent has missed an exchange or two, reach out to the other parent and inquire as to why the timesharing visit was missed. More importantly, it's good to have documentation to show the judge you were acting reasonably, prior to filing your motion for contempt of Court.