Below is part of the IL code.. Basically they are upset cos you did not pay your support. I 'think' that what you have is for a hearing to see if there is cause to show you in contempt of court... almost like a hearing to see if they need another hearing. IF you can show good cause why you have not paid at this point, it may be dismissed.
I believe what you should have done was petition the court a year ago for emergency reduction due to unemployment. However, because it was you who quit and you were not fired, that might have not been approved.
Your options.. either get an attorney. Or, if there is no way you can afford legal defense, make sure you take all the proof of your job search to the hearing. Proof of interviews.. if you have any, proof of why you were forced to resign in the first place.
Also.. and this could be very important.. explain the plan you have to pay the arrears once you do find a job, show that you are very willing to do so and make every effort to pay. DO NOT go with an attitude of 'I was not working so how do you expect me to pay'!
Good luck...
) Indirect civil contempt defined. Indirect civil contempt is a continuation of the underlying cause of action out of which the contempt arose, where the elements of the contempt are not within the personal knowledge of the judge; and
(i) the act consists of the failure to obey a court order or judgment; and
(ii) coercive, rather than punitive, sanctions are sought to compel compliance with the order or judgment.
(1) Petition for Adjudication of Indirect Civil Contempt. An indirect civil contempt proceeding shall be commenced by the filing of a Petition for Adjudication of Indirect Civil Contempt. The petition shall be verified and shall set forth with specificity the portion of the court order or judgment alleged to have been violated, together with the date or dates, and nature of the violation. If the court finds that the petition provides sufficient facts to show prima facie evidence of civil contempt it may, at its discretion, enter a rule to show cause on the respondent or, instead, not enter a rule and set the petition itself for hearing. In any event, the court shall set the matter for hearing and order that respondent be given notice of the time, date and place of hearing.
(2) Notice. Notice of the hearing and copy of the petition shall be served by regular U.S. Mail, postage prepaid, to respondent's last known address or in any manner as provided in Supreme Court Rule 105(b)(1) or (2) as the court may direct. Notice by personal service shall be served not less than seven (7) days prior to hearing, and notice by U.S. Mail shall be mailed not less than fourteen (14) days prior to hearing. The notice shall contain therein that should respondent fail to appear, a body attachment may issue.
If the respondent fails to appear after due notice or if the court has reason to believe the respondent will not appear in response to notice, the court may direct that a body attachment or warrant of arrest be issued against respondent and in such event, the court shall set bond which shall be noted on the body attachment or warrant of arrest.
(3) Response to the petition. The respondent may submit an oral or a written response denying with specificity any of the allegations of the petition together with affirmative defenses. Those allegations of the petition not specifically denied are deemed admitted. If the basis of the petition is the failure of the respondent to make court ordered payments to the clerk of the court, the records of the clerk shall be prima facie evidence of the amount received by the clerk.
(4) Substitution of judge. A respondent may file a petition for substitution of judge pursuant to Section 2-1001 of the Code of Civil Procedure if such petition is filed prior to the judge making a substantive ruling in the underlying action or on the petition for adjudication of indirect civil contempt, and is not filed to avoid or delay hearing on the petition.
(5) Respondent's due process rights. The respondent has a right to notice, to be provided with a copy of the petition, to answer orally or in writing, to be heard and to present evidence, to cross-examine witnesses, to call witnesses, and to have an attorney of choice.
(6) Conduct of the hearing. Civil contempt proceedings shall be heard before the court without jury. The petitioner may call the respondent as an adverse witness pursuant to Section 2-1102 of the Code of Civil Procedure. Upon petitioner's showing prima facie evidence of the respondent's failure to comply with a court order, the burden of production shifts to the respondent who must prove any affirmative defenses, including lack of means to comply with the court's order, by a preponderance of the evidence.
(7) Finding of contempt/sanctions. If the court finds the respondent in civil contempt, it shall impose sanctions instanter or at a later date. Prior to imposition of sanctions, the contemnor shall have a right to make a statement in mitigation. Sanctions may include a continuing fine and/or incarceration or other reasonable sanction the court deems appropriate and such sanctions shall remain in full force and effect until the contemnor purges himself of contempt or is otherwise discharged by due process of law. The court may assess reasonable attorney's fees against the contemnor.
(8) Written order required. Upon an adjudication of civil contempt, a written order shall be signed by the judge specifying the contemptuous conduct, the sanctions imposed and the means by which the contemnor may purge himself of contempt. A copy of the order shall be given to the contemnor.
(9) Appeal. An appeal from a judgment of civil contempt may be taken as in any civil case. Upon the filing of a notice of appeal, the court may fix bond and stay the sanctions pending the disposition of the appeal.
[This message has been edited by usdeeper (edited July 28, 2000).]
[This message has been edited by usdeeper (edited July 28, 2000).]
