Legal Question in Family Law in Rhode Island

contempt of nonpayment child support

boyfriend has arrears of 6300 in child support. Has court date. He only makes 180 a week and me and him have a child together as well. Does he need a lawyer to answer the complaint he just doesnt have money to pay current order or back support off his income


Asked on 4/23/09, 11:00 pm

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Re: contempt of nonpayment child support

You question seems to be "Does he need a lawyer?"

Your statement seems to answer the question. If he can't afford to pay the current child support order nor the arrearages on his income then how can he afford to have a lawyer with him to answer a motion for contempt?

Since a motion for contempt could land him in the ACI for non-payment of child support then it would be a very good idea to have a lawyer to represent him on the court date. However, what will this say to the court?

What might the court think if your boyfriend does get a lawyer? Imagine a judge thinking about it this way. Okay, now this guy can find a way to get a lawyer to save his own butt from going to the ACI but he can't find a way to come up with monies to take care of his kid . . . hmmm ... do I send him to the ACI so he gets the message that his child is more important than his own needs? That just might do the trick.

I've represented lots of men come on hard times. They are from all backgrounds, all ages, all levels of education, many are injured and have fallen on hard-times. Some have debilitating illnesses. The men who realize their child comes first . . . they find a way.

Please know that I am not making a judgment of your boyfriend here. I am simply giving you an insight based upon a hard look at reality after about a decade of doing only family law work.

My best to you and your boyfriend in this difficult

siutation.

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Answered on 4/24/09, 6:26 am


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