Court date for one late payment

[GSTANLFIELD]

Back in November 2000, I went to court because my child support was behind by three months. At the hearing my ex requested a motion to arrest order, so that if the payments ever got in arrearage, she could have me arrested without a new hearing. Given my payment history up to that point, the judge denied the request, because prior to that time, everything was normal. Since that time, those payments were caught up and each payment since has been made. During the holiday period, one month's payment went over the 30 day window, due to the slowing of the construction business (November Payment). But all payments are current and have been since a few days past the delinquent date, even though at the time she filed, the payment was behind. Will there still be a hearing? Is the judge likely to grant a motion to arrest?

 

[tigger22472]

If payments are caught up then no they won't arrest you. At the most you will be warned to keep up on them. You do your children no justice in jail and you got it to her quickly. My ex is 11,000 behind and I can't do anything so you tell me.

 

[Grandma B]

She's going to look pretty silly in court asking for a motion to arrest when there's no current arrearage. A judge worth his/her salt would admonish her for wasting their time.

 

[smh33]

Have you gotten a court summons? Most states have guidelines stating one has to be _ days behind before action can be taken against them and it is usually more than 30 days. If summoned, read motion, what is ex claiming? Go to or contact child support locally, get copy showing payment is current...take to clerk of courts...depending on facts, they can remove court appearance...know they can if state filing, not sure if it is individual..check though...if have lawyer, call..may be able to appear for you or get D.A. to dismiss..

 

[aries7829]

If my ex had as good a payments record as you say you do I would be thrilled. Sounds to me like your ex is just trying to be dificult and the judge will know that if there is a new hearing. There might be one but if your ex keeps it up he or she will get tired of hearing from her.