My child support is garnished from my paychecks. My company recently went paperless and I haven’t been able to view my pay stubs in my company’s online system.
I just received a notice that I am in contempt for failure to pay child support, which should have been coming out of my paychecks so I was unaware of this.
Can I do anything to avoid going to jail and possibly modify the amount owed?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin divorce laws where I am licensed to practice.
To make an order on contempt, the court must find that you have willfully and intentionally failed to meet your obligations to pay child support. You will have an opportunity to prove to the court at a hearing that any failure to make payments was not due to your neglect but rather a mistake that was not on your part.
If your child support payments are to be made by income assignment, then the order would have been sent to your employer for the amount that is to be deducted from your paychecks. If a finding of contempt is made, the court may set purge conditions that you will have to comply with in order to avoid a fine or jail sentence.
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In order to reduce your total amount of support, you would need to file a Motion to Modify Support and prove to the court that a substantial change in circumstances exist so as to modify the amount of support that you are due to pay.
Motions would need to be filed in each case that you have for your children. You will need to provide pay stubs and tax returns or your most recent W2. If your income has decreased substantially or if your placement with the children has increased so as to rise to the level of shared placement, then the court may grant your request.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.