Legal Question in Family Law in Alabama

If a judge orders both parties to pay 50/50 on DNA test and Guardianship and one party pays and the other does not, can the other party be charged with contempt? This order was done in April and to this date, the ex-spouse has not paid. We were informed to pay the other half to speed up the process. We were told to make a check or money order payable to the spouses attorney on July 28. We are a month later and the remainder has not been paid. My husband was ordered via a lite order to pay child support until the results of the DNA come back. Can we at this point, submit a request to stop payments to her until she pays the remainder of the DNA test amount. I was told we could file an injunction(I think that is correct). I feel like if she does not want to pay for the DNA test, the judge should have this entire case dismissed. When will the judge see that she is not willing to abide by any orders that are given. If you ask me, that is a sign that the child is not his because she is not putting her money where her mouth is. I mean can we have this lady held in contempt and when will the judge dismiss this? This case has been going on since March 2009. My husband and I are out of work and cannot continue to pay her and an attorney with money we don't have. My car is up for repossession because of the fees we have had to pay out. I guess our house will be next thing to go??? There has to be an end to this somewhere. What can we do?

Asked on 8/26/09, 12:26 pm

Mari Morrison Mari Morrison

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The Court can hold her in contempt and in some cases jail her until she pays her share, or, the court can just dismiss the case.

Answered on 9/07/09, 9:06 am

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