You can get compensated if you are owed child support, alimony, spousal support, medical expenses, daycare bills, or maybe you are still on the mortgage for a house or a car loan of your ex-spouse.
YOU MUST SEE AN ATTORNEY QUICKLY. Collecting the amounts owed to you is a very difficult and technical process. Quite literally, if you didn't give proper time or say the magic words in your paperwork the court will throw you out.
IF SOMEONE IS THREATENING TO FILE CONTEMPT AGAINST YOU. You must contact an attorney immediately, as there may be things you can do now to avoid contempt.
ACT NOW. If you don't act immediately you may lose the most effective method of collecting, throwing the person in contempt in jail.
I find that about half the time a threatening letter from an attorney will make someone comply with the order.
There is in essence THREE ways to proceed and all three methods can be pursued simultaneously:
ONE. “Motion for Entry of a Partial Judgment for a Sum Certain” or Motion for Accounting. The attempt is to get an order which states the total amount that is owed, in order to collect the amount as a normal creditor would or you can add the amount to child support arrears. Normal collection methods are generally wage withholding or a lien on an asset, which is very difficult. Generally a separate action from contempt.
TWO. Criminal Contempt. This is simply throwing someone in jail or a fine for something that they did not do when they should have. Because the person was ordered to do something, they didn't do it, and they could have done it, there is no way to avoid jail time or a fine through future compliance. Inability to comply at the time the person was supposed to do it is a defense to this action. Some judges are applying a statute of limitations of one year to this action. Some judges force you to prove that they could have complied at the time that the action was supposed to have been done.
THREE. Civil Contempt. This is simply allowing someone to comply in 30 days and avoid a penalty altogether. Inability to presently comply is a defense to this action. Often used to pay back alimony or child support arrears. The Judge comes up with an amount that he or she feels the contemnor can pay back after reviewing that persons earnings and reasonable living expenses. Often it is a monthly expenditure, such as $100 towards arrears until the arrears are paid in full. If a payment isn't made then contemnor goes to jail. There is no statute of limitations.
ATTORNEY FEES. Attorney fees can be awarded if you prevail. Each Judge is very different as to what situation he or she awards attorney fees. Sometimes you must have said the magic words in order to get attorney fees.
Please read Rule 75 in it's entirety and also Idaho Code 7-610, and as stated before the law and rules are so technical, that this is not an area that can be done without an attorney.
This area of the law changes daily as the Judges attempt to balance the quazi-criminal elements of contempt such as putting someone in jail and the constitutional protections involved with court action that results in jail time, with the inherent ability of the court to enforce its orders and fairness of allowing someone to receive the benefit of the what the court ordered them to receive.
YOU MUST SEE AN ATTORNEY QUICKLY. Collecting the amounts owed to you is a very difficult and technical process. Quite literally, if you didn't give proper time or say the magic words in your paperwork the court will throw you out.
IF SOMEONE IS THREATENING TO FILE CONTEMPT AGAINST YOU. You must contact an attorney immediately, as there may be things you can do now to avoid contempt.
ACT NOW. If you don't act immediately you may lose the most effective method of collecting, throwing the person in contempt in jail.
I find that about half the time a threatening letter from an attorney will make someone comply with the order.
There is in essence THREE ways to proceed and all three methods can be pursued simultaneously:
ONE. “Motion for Entry of a Partial Judgment for a Sum Certain” or Motion for Accounting. The attempt is to get an order which states the total amount that is owed, in order to collect the amount as a normal creditor would or you can add the amount to child support arrears. Normal collection methods are generally wage withholding or a lien on an asset, which is very difficult. Generally a separate action from contempt.
TWO. Criminal Contempt. This is simply throwing someone in jail or a fine for something that they did not do when they should have. Because the person was ordered to do something, they didn't do it, and they could have done it, there is no way to avoid jail time or a fine through future compliance. Inability to comply at the time the person was supposed to do it is a defense to this action. Some judges are applying a statute of limitations of one year to this action. Some judges force you to prove that they could have complied at the time that the action was supposed to have been done.
THREE. Civil Contempt. This is simply allowing someone to comply in 30 days and avoid a penalty altogether. Inability to presently comply is a defense to this action. Often used to pay back alimony or child support arrears. The Judge comes up with an amount that he or she feels the contemnor can pay back after reviewing that persons earnings and reasonable living expenses. Often it is a monthly expenditure, such as $100 towards arrears until the arrears are paid in full. If a payment isn't made then contemnor goes to jail. There is no statute of limitations.
ATTORNEY FEES. Attorney fees can be awarded if you prevail. Each Judge is very different as to what situation he or she awards attorney fees. Sometimes you must have said the magic words in order to get attorney fees.
Please read Rule 75 in it's entirety and also Idaho Code 7-610, and as stated before the law and rules are so technical, that this is not an area that can be done without an attorney.
This area of the law changes daily as the Judges attempt to balance the quazi-criminal elements of contempt such as putting someone in jail and the constitutional protections involved with court action that results in jail time, with the inherent ability of the court to enforce its orders and fairness of allowing someone to receive the benefit of the what the court ordered them to receive.
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