Motion in Defense of Enforcement Child-Support
A Motion to protect you from going to jail for contempt in an enforcement hearing where you are being punished for not paying an amount of child support, alimony, or spousal support that you cannot afford to pay. If you do not have the ability to pay, the Supreme Court says the judge cannot punish you. Of course, you know custody court judges play stupid games with your life. You can stop them with this motion.
If you are facing an enforcement hearing and you cannot afford to pay, you need this motion. Even if you have an attorney, get this motion. Make sure your attorney protects you because many do not.
If you are facing a child support enforcement hearing and you are unable to pay, you are going to need much more than just going in to court and saying that you cannot pay.
Do you know what the judge can use to consider your ability to pay?
Do you know what caselaw protects you from not knowing in advance the ability to pay standard?
Do you know what your attorney is going to argue? Do you know if that will be enough?
To protect yourself from the abuse, shock, and devastation of not being prepared when you walk into that enforcement hearing, and not wanting to risk waiving your right to make these arguments, you will want to get this Motion, Child Support Ability-to-Pay motion, to your attorney right away.
Use it to start a dialogue with your attorney and to guide your attorney through what kind of protection you feel you are entitled.
NOT A SUBSTITUTE FOR AN ATTORNEY