my ex husband has been paying $20/week less than the court ordered amount of child support for the past 7 years. I have filed a contempt. do I need to produce proof that he was paying less? what documentation(if any) do i need? what if I agreed to take the lower amount?
2 Answers from Attorneys
you can file a contempt, but only if you have not agreed to the lower amount. If you are agreeing to the lower amount you should file a Complaint for Modification lowering the amount and then you can agree to waive the amount owed to you.
If you decide that you want to file a contempt your ex would have to prove that he paid the court ordered amount.
I agree with attorney McGowan.
If you agreed to accept a lower amount, you will probably not be successful in bringing a complaint for contempt. If you would like to collect all of the support to which your children are entitled, you should send the other parent a letter stating that, notwithstanding your previous agreements, you expect all future payments to be at the court ordered level.
If the other parent will not pay the correct amount then, you would likely be more successful in a contempt action.
Good luck and feel free to contact us if you would like representation. 617-357-4898.