Failing to comply with a Court Order is a big deal that has severe consequences. These consequences can include civil and/or criminal contempt, which allow for a period of incarceration. If you cannot afford to pay an amount that has been ordered by the Court, you will need to file a Motion requesting that the Court modify the Order. It is important that you do this promptly in order to minimize the consequences of the violation of the court order. If your motion to modify is granted, the modification can be applied retroactively which means that you MAY not be deemed in contempt for the lower payments made since the filing of your motion. In order to be successful in your request for a modification, you must show that there has been a substantial change in circumstances since the entry of the prior Order. This can be a difficult hurdle to overcome and the assistance of an attorney is highly recommended. However, if you cannot afford an Attorney, file the Motion, pay what you can, and be prepared to show the Court why you could not meet the requirements of the Order.
Conrad Trosch & Kemmy | Charlotte Lawyers
Attorneys in Charlotte, specialize in family law and estate planning.
