What is the name of your state (only U.S. law)? Massachusetts
Hi. I have a few questions regarding contempt and arrearages.
I had a case open with CSE from 2003-2007. I closed it in 2007 because I couldn't locate the NCP, and CSE couldn't really do much (NCP had no license, no passport, basically nothing to use to encourage payment). Child support order was still in effect. NCP resurfaced late-2007 and promptly went to jail for a year and a half. After his release in 2009, I thought about reopening my case since I knew his whereabouts, but gave him a chance to find work, etc. The child support order was by wage assignment. NCP worked a couple of jobs in 2010 for less than a year total, and is currently unemployed (as far as I know) as of February 2011.
NCP was involved in a car accident in January 2011. He made the mistake of bragging to me that he was "about to get PAID!" The last time I received support was Feb. 2011. I reopened my case in July 2011, after not hearing a peep from him since mid-March. At the time I reopened the case, I sent an affidavit of arrears. The application gives the impression that they will assist in filing contempt papers, but I called months later and they will not, I have to do it myself. So this is where I am now.
My first question concerns being able to prove his ability to pay. Now, I understand the burden of proof is on him to prove that he has been unable to pay, and I'm assuming he will use the car accident - he was injured/disabled. How do I rebut this? (And would I even need to?) I hadn't heard from him at all from mid-March until a full 7 months later, so I have no idea what he's been up to in that time. All I know is that he got married and attended a basketball tournament, neither of which prove anything.
My second question is if they happen not to find him in contempt, can I still get an order/judgment for the arrears (over $20,000 at this point, going all the way back to 2003)? If so, does it generally happen at the same hearing, or is that more paperwork?
If he gets his settlement, great. If not, fine. But I want to have it all handled by CSE from now on, so I want the full amount due in their records.
Thanks.What is the name of your state (only U.S. law)?
Hi. I have a few questions regarding contempt and arrearages.
I had a case open with CSE from 2003-2007. I closed it in 2007 because I couldn't locate the NCP, and CSE couldn't really do much (NCP had no license, no passport, basically nothing to use to encourage payment). Child support order was still in effect. NCP resurfaced late-2007 and promptly went to jail for a year and a half. After his release in 2009, I thought about reopening my case since I knew his whereabouts, but gave him a chance to find work, etc. The child support order was by wage assignment. NCP worked a couple of jobs in 2010 for less than a year total, and is currently unemployed (as far as I know) as of February 2011.
NCP was involved in a car accident in January 2011. He made the mistake of bragging to me that he was "about to get PAID!" The last time I received support was Feb. 2011. I reopened my case in July 2011, after not hearing a peep from him since mid-March. At the time I reopened the case, I sent an affidavit of arrears. The application gives the impression that they will assist in filing contempt papers, but I called months later and they will not, I have to do it myself. So this is where I am now.
My first question concerns being able to prove his ability to pay. Now, I understand the burden of proof is on him to prove that he has been unable to pay, and I'm assuming he will use the car accident - he was injured/disabled. How do I rebut this? (And would I even need to?) I hadn't heard from him at all from mid-March until a full 7 months later, so I have no idea what he's been up to in that time. All I know is that he got married and attended a basketball tournament, neither of which prove anything.
My second question is if they happen not to find him in contempt, can I still get an order/judgment for the arrears (over $20,000 at this point, going all the way back to 2003)? If so, does it generally happen at the same hearing, or is that more paperwork?
If he gets his settlement, great. If not, fine. But I want to have it all handled by CSE from now on, so I want the full amount due in their records.
Thanks.What is the name of your state (only U.S. law)?