Contempt

[forthekids24]

BM is court ordered to pay the following directly to DH

-Child Support (due on the 27th of the month)
-50% Private School Tuition (due on the 25th of the month)
-50% of Medical Expenses (Billed Monthly, Due 30 days after billing)

BM is now past due on CS, Tuition and 2 months of Medical Expenses.  Total Amount Past Due approx $1,100.

BM has been late on ALL of her payments in the past 6 months (usually not more than 10 days though)

We have sent reminder letters, post cards, etc... to BM with the amounts due and dates.

DH wants to file contempt charges.

Questions

1) Should DH wait to file contempt until the CS and Tuition amounts are more than 30 days past due?

2) Should DH file contempt on all violations, even the ones in the past that she has paid?

3) What is a normal "grace" period for making those payments?

Thanks!
FTK

[socrateaser]

>Questions
>
>1) Should DH wait to file contempt until the CS and Tuition
>amounts are more than 30 days past due?

A child support payment is enforceable by the court's contempt powers, on the date that the the payment becomes due and payable. But, you could be wasting your resources unless you wait a bit to collect. Also, depending upon your state, there is an arrears amount above which the failure to pay becomes criminal, and you can file a complaint with the DA. I would wait until the other parent is around 5K in arrears before filing for contempt (assuming that you can afford to wait). Otherwise you will just have to go back to court and get another judgment.

>
>2) Should DH file contempt on all violations, even the ones in
>the past that she has paid?

No, but you want to use the repeated violations to show a routine pattern of behavior (evidence of "habit"), from which the court can infer the present contempt violation.

>
>3) What is a normal "grace" period for making those payments?

Zero (0). Most people just don't go running to court on the day after they are owed the money, though.