Like many divorced women, Nancy J. Kemp of Charleston, W.Va., has a deadbeat ex and a do-nothing judge.
She is unemployed and has health issues. Her ex-husband Richard hasn’t paid her spousal support since August. As of Nov. 17, he owed her $4,746. she needs the money for prescriptions among other things.
Since September, Nancy Kemp has filed four motions for contempt with the court. If he’s ultimately found to be in contempt, he could face jail time, a fine or both.
Making things worse is that the judge in the case, Kanawha Family Law Judge Robert M. Montgomery, scheduled her motions more than three months after the original missed payment. She’s had to take the extraordinary step of filing a writ of mandamus — a legal order from a higher court telling the judge to do his job now.
But Nancy Kemp isn’t alone in her efforts to get her ex-husband to pay what he owes. In fact, thousands of people who are reading this are probably shaking their heads knowingly.
That’s because, according to the most recent US Census Bureau statistics, about 24 percent of all child support payments are never paid and another 30 percent are only partially paid. Statistics for alimony payments are unavailable, but it’s probably fair to assume that non-payment rates are similar.
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Civil Remedies Updates, Family Law Updates
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