Order to show cause

[SingleDad33]

What is the name of your state (only U.S. law)? Michigan

I have had physical custody of my son for 5 years but I owe an arrearage in the amount of $5,000 to my son's mother. She broke up with her boyfriend and just

filed a motion to show cause because we've been arguing over custody. From what I've heard, the fact that I've had custody through the court for 5 years will mean nothing at this hearing. What am I to expect at this hearing? I have $1,100 cash to offer


to the court, do you think this would be enough to allow me to leave without being incarcerated?

 

[single317dad]

What is the name of your state (only U.S. law)? Michigan

I have had physical custody of my son for 5 years but I owe an arrearage in the amount of $5,000 to my son's mother. She broke up with her boyfriend and just

filed a motion to show cause because we've been arguing over custody. From what I've heard, the fact that I've had custody through the court for 5 years will mean nothing at this hearing. What am I to expect at this hearing? I have $1,100 cash to offer


to the court, do you think this would be enough to allow me to leave without being incarcerated?

Most important will be whether you've displayed a willful refusal to comply with the court order up to this point. The fact that you actually have money and haven't used it to pay your obligation is not in your favor. So, why haven't you paid the $5,000 due over the past 5 years? The court is going to want the answer to that question, first and foremost.

Also possibly relevant: while you've physically had possession of the child these last 5 years, was there an order through the court to that effect? What about support? Were you still ordered to pay support during this time, was Mom ordered to pay you, or was there some other arrangement?

 

[SingleDad33]

In 2009 she decided she wanted to move in with her boyfriend so she dropped my son off to live with me, and I never reported to the court that he was living with me. In 2011 she decided she wanted my son back so I went down to the court and showed them that my son was residing with me for 2 years and due to that change of circumstances the court granted me custody.


I didn't have an attorney because I couldn't afford one so I went along with the mediator suggested and I assumed child support would be handled at a later date. Later I sent correspondence to the court in an attempt to acquire child support but it seems as if I was ignored. So now it appears that I will be headed to jail for "willful failure to pay child support". Is this a felony?

 

[SingleDad33]

I guess there is no more information pending for this thread.

 

[TheGeekess]

In 2009 she decided she wanted to move in with her boyfriend so she dropped my son off to live with me, and I never reported to the court that he was living with me. In 2011 she decided she wanted my son back so I went down to the court and showed them that my son was residing with me for 2 years and due to that change of circumstances the court granted me custody.


I didn't have an attorney because I couldn't afford one so I went along with the mediator suggested and I assumed child support would be handled at a later date. Later I sent correspondence to the court in an attempt to acquire child support but it seems as if I was ignored. So now it appears that I will be headed to jail for "willful failure to pay child support". Is this a felony?

Since you didn't follow MI's procedure, I'm not surprised your letter was ignored. Probably got filed in the round file.

Why did you not contact FOC in your county about the CS after you were granted custody? Now you've got a fine mess on your hands.

http://www.waynefoc.com/faq/
(This may or may not be your county-I think MI FOC has a website for every county. Even if they don't, state law is still state law.)

 

[single317dad]

In 2009 she decided she wanted to move in with her boyfriend so she dropped my son off to live with me, and I never reported to the court that he was living with me. In 2011 she decided she wanted my son back so I went down to the court and showed them that my son was residing with me for 2 years and due to that change of circumstances the court granted me custody.


I didn't have an attorney because I couldn't afford one so I went along with the mediator suggested and I assumed child support would be handled at a later date. Later I sent correspondence to the court in an attempt to acquire child support but it seems as if I was ignored. So now it appears that I will be headed to jail for "willful failure to pay child support". Is this a felony?

With arrears of only $5k, it would seem to me that child support was modified at some point. 5 years and $5,000 only comes out to about $19 a week, and while that's possible, it's not a common support order. When are these arrears from? What is the current support order?

You need to get your legal business in order. Due to your lack of attention to this matter, your freedom is at risk. I can see a judge being lenient on you here, but they certainly wouldn't have to. You could very well find yourself in jail on contempt with a $5,000 purge.

Yes, it's also a felony, though the court usually exercises other remedies before going that far. Beware the county prosecutor seeking reelection though.

http://www.legislature.mi.gov/(S(5ndrv2555nc0ix3qkgxulv55))/mileg.aspx?page=getobject&objectname=mcl-750-165

 

[CJane]

There have been NO enforcement attempts to this point? No attempts at garnishment? No seizure of your tax refunds? No sternly worded letters from anyone with an official-sounding title?

 

[gam]

There have been NO enforcement attempts to this point? No attempts at garnishment? No seizure of your tax refunds? No sternly worded letters from anyone with an official-sounding title?

Most likely this guy's arrears is from 2009-2011, even though he has had the child since 2009, he didn't bother to notify the court of that until 2011. So he would still owe from 2009-2011, his fault for not fixing this in court when mom left the child with him. Probably none of this happened. Not much happens unless one owes the state the money. That's basically how it goes in most Mi courts, if none of the money is due the state then FOC sits are their arse.

My daughter's ex has managed to get $9000 behind in one year and they have done nothing, no stern letters, although they claimed to her they sent him one(but it's not in the file), no garnishment, no seizure of his tax refund, zero enforcement attempts have been made. It's up to the person receiving child support to force the court to do their job on enforcing that courts own order.