Contempt

[RemitAdvice]

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

I filed contempt charges through the clerk's office for non-payment of child support. NCP then calls raising the roof because I 'dared' file. He advises that he was unable to work for approx. a month because of an injury received 'on the job' and that he's already spoken to our case worker about it and there was no problem and that I have wasted my time.

Now, I'm not inclined the believe that anything he says has any merit since this is the first time unemployment has been mentioned and he would not answer any questions regarding WC or anything related.

My question: Is he right? Will he have an arraignment where he'll tell the judge that he was 'injured' and will the judge dismiss?? I have been unsuccessful in contact my CSE agent for two weeks, despite multiple online inquiries and telephone messages. I've even requested that my other caseworker please speak to her about returning my phone calls.

Will I have a chance to ask him to prove his claim??

 

[mistoffolees]

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

I filed contempt charges through the clerk's office for non-payment of child support. NCP then calls raising the roof because I 'dared' file. He advises that he was unable to work for approx. a month because of an injury received 'on the job' and that he's already spoken to our case worker about it and there was no problem and that I have wasted my time.

Now, I'm not inclined the believe that anything he says has any merit since this is the first time unemployment has been mentioned and he would not answer any questions regarding WC or anything related.

My question: Is he right? Will he have an arraignment where he'll tell the judge that he was 'injured' and will the judge dismiss?? I have been unsuccessful in contact my CSE agent for two weeks, despite multiple online inquiries and telephone messages. I've even requested that my other caseworker please speak to her about returning my phone calls.

Will I have a chance to ask him to prove his claim??

He will have to prove his claim. But even if he does, the court will tell him that an injury is no excuse for not supporting his child. He should be able to go a month without working, especially since he was probably receiving workman's comp or unemployment compensation.

But let's say that he convinces the judge that he's right and that there was no way for him to pay. The judge will tell him to get caught up within x weeks or face the consequences. You can't get in trouble for filing for non-payment when he didn't pay.

Don't ever accept legal advice from your ex.

My only concern in the matter is that you seem to have filed for contempt without talking with him. If you had talked with him before filing, he probably would have told you that he was injured and you could have worked out arrangements.

 

[LdiJ]

He will have to prove his claim. But even if he does, the court will tell him that an injury is no excuse for not supporting his child. He should be able to go a month without working, especially since he was probably receiving workman's comp or unemployment compensation.

But let's say that he convinces the judge that he's right and that there was no way for him to pay. The judge will tell him to get caught up within x weeks or face the consequences. You can't get in trouble for filing for non-payment when he didn't pay.

Don't ever accept legal advice from your ex.

My only concern in the matter is that you seem to have filed for contempt without talking with him. If you had talked with him before filing, he probably would have told you that he was injured and you could have worked out arrangements.

Dad didn't talk to her either. He didn't call her and tell her that he got injured at work and had no means to pay support. He didn't try to work something out either.

My guess is that they don't have the kind of relationship where they can work things out.

To be honest, its probably wise that mom simply filed for contempt. That will hammer home to dad that there really are consequences for not paying...so that dad doesn't think that you only have to pay child support if you have a paycheck for it to be garnished from.

There actually are parents out there, ncp moms and dads who honestly believe that they don't have to pay child support if there is no paycheck to garnish it from. They have no concept that they have to keep paying even when out of work. As a result, they often don't grasp the consequences until things are so out of hand that they lose their licenses and/or get jailed.

A former neighbor/employee of mine and her husband were naive like that. Money was tight and he was often unemployed and wasn't paying his child support. Neither one of them "got it" until the police picked him up on a warrant and he had to come up with a 5k purge to be released. You have to picture this guy...he is short, slim, very prim, proper and pedantic and was 45ish at the time. He is trained as an educator and a minister but cannot keep a job because he thinks he is "in charge" of everybody...he is quite the "control freak" and schools and churches LOOKED for reasons to get rid of him. A weekend in jail just about totaled him.

Anyway, they both made sure that he never missed a payment again, even if his wife had to work two jobs while he was unemployed. Personally I thought she should have dumped his butt, but she was a great believer in "til death do us part" even though she stated that he was sometimes "hard to love".

 

[CSO286]

There actually are parents out there, ncp moms and dads who honestly believe that they don't have to pay child support if there is no paycheck to garnish it from. They have no concept that they have to keep paying even when out of work. As a result, they often don't grasp the consequences until things are so out of hand that they lose their licenses and/or get jailed.

There are even the ones who call and say "How come all these arrears are piling up? Why aren't you guys taking the money from my check?" while the system is playing catch up with all the job skippers.
They can't be bothered to send in thier payments voluntarily or let CSA know when they change jobs for the 10th time in a year......

Think I need a drink.

 

[RemitAdvice]

Don't ever accept legal advice from your ex.

Ha ha...learned that lesson already, but thanks for the reminder.

My only concern in the matter is that you seem to have filed for contempt without talking with him. If you had talked with him before filing, he probably would have told you that he was injured and you could have worked out arrangements.

We do talk, but mostly regarding logistics and the like. Not one time did he mention unemployment or injury AND when I would mention the CS he would give me the 'checks in the mail' schpeil...Something I hear all day, everyday...and know better than to believe.

This is my second time filing contempt charges against him for non-payment this year. Do you think the judge will be somewhat more stringent regarding his consequences for further non-payment? The first time was in Feb and the clerk's office told me that he would be arraigned and then I would be sent a subpoena to appear if necessary. (Is this really how things go?) I never did receive anything, but in June, I received two consecutive full weekly payments from the NCP and thought maybe they had gotten through to him. But those were the only two payments I've received this year TOTAL.

I'm torn, really. One one hand, we struggle (my kids & I) and the CS would be a huge help. Unfortunately it seems that the only way to get this help is to fight for it. And boy, does it cause a fight. On the other, I'd like for our relationship to be a little more amicable so that the older he gets, the more activities he's involved in, the less stressful and uncomfortable it will be for us to spend time together...I don't mind sucking it up and taking the attitude from him now so much. At least he's not at my house, on my couch, eating my food...and inviting chicks over when he's supposed to be going to school on my dime.

But I told him, I don't care how much he hates me for it, I will continue to pursue the loot until every red cent is paid. I don't care if that makes me mercenary or a digger or whatever else you can call me.

When you say that he'll have to prove his claim to the judge...what do you think they'll ask for him to provide in order to do so? Should I ask for him to show hospital receipts, or a police report documenting the accident. (He was hauling landscape brick in the back of a pickup, unsecured, and upon slamming on the brakes, came through the back glass of the pickup. In all honesty, it does sound like something he'd do)

Also, I'm pretty sure that his address has changed, but he won't give it to me...embarrassed, I think, because he may be back living with his folks. So I just had the court send it to the last address on file. Is this something he'll have to be personally served?

 

[mistoffolees]

He will have to prove his claim to the satisfaction of the judge. What type of proof the judge will accept is obviously up to him. But it will probably not be enough to simply say "I was injured and couldn't work". At the very least, he should be required to supply payroll records.

As for service, check your court's rules on what constitutes proper service.

 

[my life is mine]

Remit you should have been notified if you werent contact court clerk and ask why not, because even if you do not need to show as with some situations they still notify.

 

[meanyjack]

Hold up here. The posters stating HE will have to prove his claim are not being straight-forward.

Clearly some of you have forgotten that when someone files a Show Cause for Contempt, that that person must prove their accusation(s). The OP will be the one who will have to prove HER claim that he WILLFULLY did not pay child support. Key word here is "willfully".

If he offers a "reason", then the other party can challenge for proof, but whenever someone files for contempt just because someone did not pay, it is not a slam-dunk contempt conviction in court. Or you can try to get to the bottom of it via discovery. But don't think for a minute that just because you filed, that the Judge is going to do YOUR work for you. They're not.

 

[RemitAdvice]

Remit you should have been notified if you werent contact court clerk and ask why not, because even if you do not need to show as with some situations they still notify.

I wonder what happened then. Is there anyway I can figure it out? Would this be a matter of public record (civil contempt) and be accessible online?

 

[meanyjack]

I wonder what happened then. Is there anyway I can figure it out? Would this be a matter of public record (civil contempt) and be accessible online?

If YOU filed the action, then everyone should've been notified. Unless you did not follow proper procedure, then the court might have considered it moot.

 

[RemitAdvice]

Hold up here. The posters stating HE will have to prove his claim are not being straight-forward.

Clearly some of you have forgotten that when someone files a Show Cause for Contempt, that that person must prove their accusation(s). The OP will be the one who will have to prove HER claim that he WILLFULLY did not pay child support. Key word here is "willfully".

So you're saying that if he says he was injured and unable to work, then that's unwillingly?

If he offers a "reason", then the other party can challenge for proof,

So this is where 'discovery' comes in?? Jeez, forgive me my ignorance, but could you expound on that a bit?

But don't think for a minute that just because you filed, that the Judge is going to do YOUR work for you. They're not.

Nah, didn't think that for a split second. That's why I'm here, trying to make sure I'm doing what I'm supposed to be doing.

Thanks.

 

[RemitAdvice]

If YOU filed the action, then everyone should've been notified. Unless you did not follow proper procedure, then the court might have considered it moot.

I filled out the Motion to Show Cause or Capias exactly like the form instructions said. I attached the original order as it indicates and I filed it with the Clerk's office like I was supposed to.

Once a hearing date/time is set the defendant/respondent is then served. Here, they just post stuff on doors. I'm beginning to wonder if mine didn't just blow off or something. I think I'm going to call the clerk's office and see what they'll tell me about the prior contempt.

Thanks.

 

[mistoffolees]

So you're saying that if he says he was injured and unable to work, then that's unwillingly?

All you reallly need to show to get a hearing is that he didn't pay the court-ordered child support. That is it.

In order to WIN, you will have to overcome his objections and arguments, but you can't do that without seeing his evidence. But, in any event, you don't need to prove willfulness to get the hearing.

A short term injury is not likely to be justification for not paying, anyway - particularly when he has a history of not paying.

 

[meanyjack]

I filled out the Motion to Show Cause or Capias exactly like the form instructions said. I attached the original order as it indicates and I filed it with the Clerk's office like I was supposed to.

Once a hearing date/time is set the defendant/respondent is then served. Here, they just post stuff on doors. I'm beginning to wonder if mine didn't just blow off or something. I think I'm going to call the clerk's office and see what they'll tell me about the prior contempt.

Thanks.

If, by chance, you did not show up for your own hearing, you would've received an order from the court -- most likely dismissing it since you did not show up.

 

[meanyjack]

But, in any event, you don't need to prove willfulness to get the hearing..

*sigh* That is NOT what I said. If one wants to get a contempt conviction, you MUST prove the "willfulness."