Contempt hearing... what to expect? and how to prove voluntary unemployment?

[girlwapuppytat]

state: Wisconsin

I've come here looking for info about contempt hearings. I filed it on my ex. He'd not paid CS, plus $ direct to me, plus some other more minor things. Since the filing, a tax intercept paid his CS, but I have decided to continue with the hearing because he still owes, and also very important to me is that I think he's willfully doing this to cause me to suffer.

I want to know what to expect at the hearing? I got a list of things to bring like financial records, budget, etc, and was told CSE won't be there, because I'm not on assistance. So, I'm going to be there on my own

I don't question that he'd be found in contempt really but I wonder what the judge does then??? I've heard about a "purge"; that he'd be told to pay up by XX date and he'd be ok then. Should I be writing something for the judge to sign like at the divorce hearing, because that doesn't make sense because at that time we were in agreement, this time, I'm no longer speaking to my ex right now even.

Also, I want to show that he's willfully doing this all. He's remarried, supported by his wife whom has tons of money, and going to school. He's been on fed unemployment for a year or so. He could pay the CS ordered by working about 12 hours a week min. wage, while he's in the past had jobs paying much more. Is he willfully unemployed? I know he will say it's due to "the economy" (I deal with this excuse in my work daily, so pardon my cynicism) What is the best way to counter the "in this economy" reason for someone not working? His original obligation was imputed based on a previous job, about $9.25/hr... I was married to him for years, and actually helped him find jobs many times, so I just have a hard time believing him saying he can't find work now.


thanks for reading!

 

[Proserpina]

state: Wisconsin

I've come here looking for info about contempt hearings. I filed it on my ex. He'd not paid CS, plus $ direct to me, plus some other more minor things. Since the filing, a tax intercept paid his CS, but I have decided to continue with the hearing because he still owes, and also very important to me is that I think he's willfully doing this to cause me to suffer.

I want to know what to expect at the hearing? I got a list of things to bring like financial records, budget, etc, and was told CSE won't be there, because I'm not on assistance. So, I'm going to be there on my own

I don't question that he'd be found in contempt really but I wonder what the judge does then??? I've heard about a "purge"; that he'd be told to pay up by XX date and he'd be ok then.

Also, I want to show that he's willfully doing this all. He's remarried, supported by his wife whom has tons of money, and going to school. He's been on fed unemployment for a year or so. He could pay the CS ordered by working about 12 hours a week min. wage, while he's in the past had jobs paying much more. Is he willfully unemployed? I know he will say it's due to "the economy" (I deal with this excuse in my work daily, so pardon my cynicism) What is the best way to counter the "in this economy" reason for someone not working? His original obligation was imputed based on a previous job, about $9.25... I was married to him for years, and actually helped him find jobs many times, so I just have a hard time believing him saying he can't find work now.


thanks for reading!

He might get a slap on the wrist, he might be ordered to pay X by Y date, or a couple of other options.

There's also the chance that he will not be held in contempt at all.

(Yes, given the "in this economy" reasoning, some judges will let a parent who is unemployed but going to school, slide - at least for awhile).

 

[Ladyback1]

state: Wisconsin

I've come here looking for info about contempt hearings. I filed it on my ex. He'd not paid CS, plus $ direct to me, plus some other more minor things. Since the filing, a tax intercept paid his CS, but I have decided to continue with the hearing because he still owes, and also very important to me is that I think he's willfully doing this to cause me to suffer.

How much is it going to help your suffering if nothing happens to him?

Is this the hill to die on, so to speak?

As much as I'd like to rake my Ex over the coals, in court for what I perceive as wrong-doing not only to his children but to me--I have come to realize that the best thing I can do for my own sanity and the health and well-being of my children is to not dwell on the man I chose to marry and father my children.

If taking him to court will do anything positive, I say go for it. If it's just another attempt to make him cowboy up and do the right thing? You're probably better off trying to nail jello to a tree.

 

[meanyjack]

I want to know what to expect at the hearing? I got a list of things to bring like financial records, budget, etc, and was told CSE won't be there, because I'm not on assistance. So, I'm going to be there on my own

CSE does not "work" for you. They are not your attorneys/legal counsel. YOU are bringing the action so YOU are to do the legal work -- not CSE that taxpayers fund.

I don't question that he'd be found in contempt really but I wonder what the judge does then???

Really? What makes you so certain your ex will be found in contempt? Simply because he hasn't paid? That's NOT how it works.

Also, I want to show that he's willfully doing this all. He's remarried, supported by his wife whom has tons of money, and going to school. [/QUOTE]
That does NOT prove his unwillingness. Oh, the fact that he's remarried and his wife is loaded is irrelevant to this. She has NO LEGAL obligation to pay his support and/or financially support children that are not hers. Period!

He's been on fed unemployment for a year or so. He could pay the CS ordered by working about 12 hours a week min. wage, while he's in the past had jobs paying much more.

What he "could" do is irrelevant. This will NOT prove his unwillingness either. Plus, he could play the "YOU could be making more $$ card", too.

Is he willfully unemployed? I know he will say it's due to "the economy" (I deal with this excuse in my work daily, so pardon my cynicism) What is the best way to counter the "in this economy" reason for someone not working?

Uhh...by PROVING IT -- WITH EVIDENCE!

....so I just have a hard time believing him saying he can't find work now.

It doesn't matter what you "believe" -- it's what you can PROVE -- with evidence. You can not just walk into court and throw a bunch of accusations and "beliefs" against the wall and expect them to stick.

 

[ecmst12]

Ask him to show that he's been looking for work. If he's going to school full time, he's probably not even looking. That IS voluntary unemployment.

 

[girlwapuppytat]

thanks.

meanyjack,

"CSE does not "work" for you. They are not your attorneys/legal counsel. YOU are bringing the action so YOU are to do the legal work -- not CSE that taxpayers fund."
I don't know what the quote marks around "work" are for, as I didn't say that. I realize they won't work for me, however, having them there saying how behind he was, or how late he paid up, does seem to me to count for something. At it is now, I'm just going to print out the latest statement from a website that tracks it all, and that doesn't seem like as powerful of evidence as having a 3rd party there.
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"That does NOT prove his unwillingness. Oh, the fact that he's remarried and his wife is loaded is irrelevant to this. She has NO LEGAL obligation to pay his support and/or financially support children that are not hers. Period!"
I'm well aware she doesn't have to pay me, that is not why she was mentioned. The reason I mentioned these quoted facts, is because he is being supported by someone else, which makes it a lot less painful to remain unemployed to spite your ex. I also, in a more theoretical sense, disagree with your idea that she doesn't have to pay his support obligation... if he ends up in jail for not paying, she is out one husband
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"What he "could" do is irrelevant. This will NOT prove his unwillingness either. Plus, he could play the "YOU could be making more $$ card", too."
He can't play that card, I make twice what he does. Three times if you count benefits. I'm not trying to be greedy either, I just want his income imputed, and he wants CS based on actual income (he filed a motion to modify CS after I filed contempt)
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I thank you for your response. Sorry I don't know how to use the quote highlighter yet...
Also, you are not mean. I'm glad to hear from an advisarial mindset what my whining sounds like reflected back lol