nonpayment of alimony and addiction?

Question by jamaicabound: nonpayment of alimony and addiction?
My ex husband is a lawyer and a severe opiate addict. I am taking him to court next month on contempt of court charges for nonpayment of alimony for the third time. My lawyer refused to bring up his addiction during our divorce., so I am acting as my own lawyer this time. Can I bring up his addiction during the hearing as it is revelent to him not paying, and I am also hoping the judge will order him to get treatment as he is to deep into his addiction to help himself,

Best answer:

Answer by Professional Student Wanna Be
Generally, contempt requires proving four elements:

1. The Order is a lawful order;
2. The person in contempt had knowledge of the Order;
3. The person in contempt had the ability to comply with the Order; and
4. The person willfully disobeyed the Order.

It really depends on where you live as to whether or not a contempt action will be successful, particularly in family law cases.

In my opinion, if your ex does not have the ability to pay due to his addiction, he has a defense to the third prong of the requirement for contempt. Further, functioning addicts have a way of hiding not only the addiction, but the money necessary to support the addiction. I’m not sure you will be very successful if you bring up the addiction in your contempt hearing. In fact, you may supply him — and the Court — with an easy defense.

Unless there are children and issues of visitation/custody involved, I don’t think the Judge is going to order him to go to rehab or treatment. He may not be paying support, but if your contempt trial is successful, it is cause for the Judge to order a payment plan on the arrears or send him to jail. Keep in mind if he goes to jail you will not see support either.

Good luck.

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