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 can be put into jail for not paying child support in Idaho. If someone has filed contempt against you or an action to suspend your drivers license, you should seek legal counsel. 

In addition, if you have not been receiving child support, depending on the circumstances you can put the non-paying parent in jail for non-payment or suspend their hunting or driver's license or have the court order them to work. (Contempt-Additional Penalties for Child Support Delinquency, I.C. Sec 7-612)

The penalties for not complying with a child support order can be very serious and can result in 5 days of jail for each instance of contempt for a total of 30 days in jail if it is regarding non-payment of child support. (Contempt-Judgment Penalty, I.C. Sec. 7-610)

CONTEMPT FOR ANYTHING. Generally you can request that a court find someone in contempt for not complying with anything that they were previously ordered to do, whether child support, alimony, paying a credit card, following a custody schedule, etc. The possible sanctions, possible defenses and chances for success vary widely. 

AN ATTORNEY IS NEEDED FOR CONTEMPT. Contempt actions are very difficult and the possibility of success in defending or prosecuting an action varies dramatically depending on the County or the Judge hearing the issue. An attorney with practical experience is absolutely necessary.  

You will need an attorney if you want to file a contempt motion to collect child support or if a contempt action has been filed against you. 

CRIMINAL CONTEMPT. In Idaho a party to a case may seek to enforce an order through criminal contempt. Criminal contempt is generally asking the court to find that a party is in contempt for not doing something in the past, that can't be presently fixed. For example, someone was ordered to do a certain thing at a certain time and they didn't, they can't go back in time to fix the fact that it was not done. In other words the act once done cannot be undone. Or the inaction can't be remedied. (I.R.C.P. 75 Contempt)

CIVIL CONTEMPT. In Idaho when someone has not done what they were ordered to do in a decree or order then you can ask the court to impose a penalty upon them if they don't comply in the future. In civil contempt a penalty can be avoided if something is done. For example, if someone is behind in child support then the court could order child support arrears to be paid in full by a certain date or else jail time or a fine would be imposed. Even once contempt is found a penalty can be avoided by complying by a certain time. (I.R.C.P. 75 Contempt)

DEFENSE OF INABILITY TO COMPLY. If someone has filed a contempt action against you there is a defense available that you were unable or are unable to comply. There are other defenses but these defenses are very technical and time-sensitive, contact an attorney immediately. (I.R.C.P. 75 Contempt)

Contempt-Judgment Penalty, I.C. Sec. 7-610
(6) Civil sanction. A civil sanction is one that is conditional. The contemnor can avoid the sanction entirely or have it cease by doing what the contemnor had previously been ordered by the court to do. A civil sanction can only be imposed if the contempt consists of failing to do what the contemnor had previously been ordered by the court to do. 
 (7) Criminal sanction. A criminal sanction is one that is unconditional. The contemnor cannot avoid the sanction entirely or have it cease by doing what the contemnor had been previously ordered by the court to do. A suspended sanction with probationary conditions is a criminal sanction, as is a sanction that includes provisions that are both conditional (civil) and unconditional (criminal). A criminal sanction may be imposed for any contempt.


Contempt-Additional Penalties for Child Support Delinquency, I.C. Sec 7-612
In addition to the penalties for contempt contained in this chapter, the following additional penalties are available for a child support delinquency:
(1)  Work activities. In all cases under chapter 2, title 56, Idaho Code, where the custodial parent or children receive temporary assistance for families in Idaho, and the obligor owes past due support and is not incapacitated, the court may issue an order requiring the obligor to participate in work activities.
(2)  License suspension. Pursuant to chapter 14, title 7, Idaho Code, the court may issue an order suspending a license for a child support delinquency as defined by section 7-1402, Idaho Code.