Contempt?

[stepmom23]

DD reads "Further, the Father shall pay to the Mother the sum of Five Hundred and No/100 Dollars for the purchase of clothes for the minor child on January 15th and July 15th of each and every year until such time as his support obligation terminates.  Mother shall provides copies of the receipts for the purchase of child's clothes to Father."

Mother just provided receipts for the 2005 year, however 75% of the purchases are not for this child, but for others (stores have confirmed items and sizes through bar codes on the receipts).  

1) Any form of contempt here and is it worth pursuing?

2) Can/should I withhold next payment until she uses the full $1,000 she should've used on the child?  

3) Anything else I should pursue?


Thanks for your time.

[socrateaser]

>1) Any form of contempt here and is it worth pursuing?

I wouldn't try to prove contempt. I would move for a support mod eliminating the $500 bill on grounds that the mother, by her use of the money to purchase clothes for someone other than your child, has demonstrated that the additional support specifically ordered for the child's needs is not, in fact, needed.

I would also ask the court to order you restitution of the money paid out for other parties unknown, on grounds that the mother has been "unjustly enriched at your expense." (legal magic words).

Contempt will require you to prove beyond all reasonable doubt that the money was misdirected. A support mod will only require you to show that it's more likely than not that the mother is playing games.

>2) Can/should I withhold next payment until she uses the full
>$1,000 she should've used on the child?  

That woud be contempt on your part. You need to file for a modification, and if you are about to owe more money, then you should ask the court to order payment withheld until you can make your case.

>3) Anything else I should pursue?

Well, you could take her to small claims and try to prove fraud, but, family court will probably be able to restore your money, by crediting your support for a month, whereas if you win the fraud complaint, you'll have to get the sheriff to try to seize assets or income and that's a big pain in the rear.

[stepmom23]

Should I let on to Mother that I know, or just file for mod and let her find out through that way?

Thanks again.

[socrateaser]

>Should I let on to Mother that I know, or just file for mod
>and let her find out through that way?
>
>Thanks again.

Depends on whether you believe that your actions will permit her to cover her tracks in some way. If you think that you're about to receive a new pile of bogus purchase receipts, then wait until you get them and then you can "ask" for an explanation.

I can't judge your opponent's personalilty under pressure, i.e., some people bristle and then start to contrive a methodical response plan, while others get frightened and manage to mess up their circumstances even worse than originally.

You'll have to make the call about whether a surprise attack is preferrable to sending a request for a stipuated judgment eliminating the $500 support for clothing amount