Legal Question in Family Law in Arizona
Contempt of Court for non-payment of attorney's fees
As part of the divorce decree a friend of mine was Court ordered to pay spousal maintenance and $2000 of his ex's attorney's fees. The Court issued automatic withholding from his paycheck for the spousal maintenance. However, he is a commissioned salesman and has had difficulty paying his own attorney for his services during the divorce - let alone his ex's. Now her attorney has filed a Contempt of Court Motion. My friend can prove that he is not making enough money by his paycheck stubs. What usually happens is a situation like this?
1 Answer from Attorneys
Re: Contempt of Court for non-payment of attorney's fees
One of the elements of "Contempt" is the ability to comply. If your friend convinces the Judge he had no ability to comply, then there should be no problem.
It is sometimes difficult, however, to convince a Judge that there was no ability to comply.
Please contact me directly to discuss this further.
/s/ Rich J. Peters, Attorney.
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