Held in Contempt and Disabled

What is the name of your state?Alabama Hello my name is Jason. I currently was served with papers to appear in court next month. I have always paid my support to my children until I had an injury in 2001. Even after that I would get behind, but always managed to catch up. Never to far behind. I recently applied for disability (SSI) in April due to my injury. I did not graduate high school, so I studied and obtained a GED certificate this month and plan to attend college in the Fall for a major in Computer Science. My question is this, since the Plantiff's counsel is requesting that the court incarcerate me due to the contempt allegations, what is the probability that this will happen, and what is likely to be the outcome of the case since I am trying to obtain disabilty and trying to recieve an education to further my chances of gaining employment. I am only behind on payments 777.00 and was only behind less than 500.00 when the complaint was filed. All this was due to a argument that my ex-wife and I had on April 5th.

Your best bet is to catch up the support payments and don't stop paying due to an argument. Also, make sure to send the payments through your local enforcement agency. If possible, go there and make the payment, and get a receipt.

No one can tell you what a judge will decide. The dollar amount you are behind isn't that much, but if you are ordered to pay $200 a month, it means you are almost four months behind.

Actually, the court doesn't care about your disability. They issued an order and expect you to follow it. If you don't, you get hit with a "Motion for Contempt". When you had the initial disability, that is when you should have filed a "Motion to Modify"..... and presented your reason to the court to change the payments. You didn't, and the court expects you to abide by their order.

At this point, no one can anticipate how the court will rule on their motion. Since you are going to be there anyway, I suggest you file YOUR motion to modify and let the court hear your reasons. That might go a long way to help mollify the court on your failure to comply.

Outcome

Jason,

I would be interested to hear the Judge's ruling. In full, if possible. My husband filed a contempt motion against his ex (sole-custodial parent) for failure to sign an IRS release form for his RIGHT to an exemption last year, fraudently using medicare (my husband had insurance on the minor; she REFUSED to use it), and lieing in a court affadavit. He asked for incarcaration, and full restitution to Medicare.

The Judge let her skate (as usual). I am interested in biased cases . Meaning, the NCP is found guilty for the sole reason of being an NCP / male. Good luck, and please, if at all possible, post the full ruling issued by the court.