I am about to hire an attorney to enforce the Divorce Decree between my ex and myself. My question may be complicated but I will attempt it anyway. In my opionion and without filing yet or recieving a ruling I believe I have several slam dunk contempt of court charges I plan on pursuing against my ex. I also make a substantial amount of money and have recieved sevral big raises. My question is this: If in fact I have slam charges and will have a high percent chance of winning them could I use them as leverage against child support? Could I agree not to file or to drop them after filing in exchange for no raise in child support?
2 Answers from Attorneys
1. Nothing is ever a "slam dunk". You might think so but that is what keeps attorneys in business & puts their kids through college.
2. Everything is negotiable.
3. Judges think that people should support their children to the best of their ability. This money is not going to your ex - it is for your children. I assume your children are not "dumb" and they see that you live quite a bit better than their mother. One day they might not appreciate the fact that you did not do your best to take care of them.
Remember, one day you might be old & alone -- you might need them -- they might not need you! I've seen this happen more than you think -- so you might want to do what is right & take the high road.
Sometimes being "right" is just not worth it. Do the right thing and God will bless you ten times over. If your kids ever come to you when they are grown, you can look them in the eye & say with all sincerity "I always did the right thing by my ex".
My advice what you just paid for it -- nothing. You are free to wholly ignore it.
A contempt motion by you will trigger a motion to modify by your spouse. My guess is that she believes she can do what she wants because you don't want to have your child support increased. You need to decide what you want.