Contempt Hearing Advice

[ETR1971]

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

I have been divorced for alnost 4 years. When my ex and I got divorced, I was making more money. I had been ordered to pay $177.94 a week which I did even though short after the divorce my income chaged. In April of 2009 I got laid off but kept a part time job. I made partial payments up until July of 2009 when I got hired at my current job. So I fell behind during my part time months and then had to pay half of medical bills. I never really could handle even the $177.94 a week but somehow I was able to up untill the 4 months I was making less money. I fell behind in total $1,500. I was giving here $20 extra here and there try and catch up. Well she got fed up with waiting and filed a motion of contempt on me. I barely can afford the $177.94 due to my income change, actually my income changed 6 months after the divorce but Ive been making it work. Everyone told me to get it modified but I figured Id do my best and scrape by.

Whats the worst that can happen if I explain my case during the hearing? I know I should have filed the modification probably 3 years ago, but honestly I could never come up with the filing fee. I know the contempt and the modification are separate issues, but Im curious to know what the outcome will be from this hearing.

Thanks

 

[Gracie3787]

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

I have been divorced for alnost 4 years. When my ex and I got divorced, I was making more money. I had been ordered to pay $177.94 a week which I did even though short after the divorce my income chaged. In April of 2009 I got laid off but kept a part time job. I made partial payments up until July of 2009 when I got hired at my current job. So I fell behind during my part time months and then had to pay half of medical bills. I never really could handle even the $177.94 a week but somehow I was able to up untill the 4 months I was making less money. I fell behind in total $1,500. I was giving here $20 extra here and there try and catch up. Well she got fed up with waiting and filed a motion of contempt on me. I barely can afford the $177.94 due to my income change, actually my income changed 6 months after the divorce but Ive been making it work. Everyone told me to get it modified but I figured Id do my best and scrape by.

Whats the worst that can happen if I explain my case during the hearing? I know I should have filed the modification probably 3 years ago, but honestly I could never come up with the filing fee. I know the contempt and the modification are separate issues, but Im curious to know what the outcome will be from this hearing.

Thanks

You really do need to file for a modification ASAP. There are forms that you can fill out that will allow you to waive the filing fee until there is a hearing.

Have you been making regular payments?

When was the last time you made a full current payment and a payment toward the arrears?

When you go to court, take as much money as you can along with proof of your income and proof of your April layoff.

Explain your situation to the Judge and see what happens. It's possible that you will be found in contempt and a purge amount may be ordered, that's why you need to bring as much money as you can.

 

[ETR1971]

I am current on the payments. I havent missed any, Im just behind for the previous $1500, I try to give a little extra here and there but as for the $177.94 she always gets that.

 

[Gracie3787]

I am current on the payments. I havent missed any, Im just behind for the previous $1500, I try to give a little extra here and there but as for the $177.94 she always gets that.

Do you pay through the state disbursement unit?

If you do, you can go to the court clerk's office and get a print out of payments made. Take that to court along with proof of income, preferably back at least to when you fell behind.

Since you are current on the on-going support and have been making payments toward the arrears, you shouldn't be found in contempt. However, if at all possible you should go ahead and file for the modification before your hearing. That way you can prove to the court that you are trying to catch up and have filed for the modification. (BTW- the only way the modification would be heard at the same time as the contempt would be if ex is served has filed an answer and a motion is made to hear both issues at the same time).

 

[ETR1971]

Thanks,

I just received the notice that the hearing is Dec 4th. I did pick up the Modification paperwork at the courthouse, its a bit overwhelming. So Ill try and get it done before the hearing, not sure if I will find the time. Thanks for the advice. I know Im in contempt I do owe her that $, circumstances made that happen. What is the worse they can do make me pay more per month to catch up, I dont want any real legal problems for a matter of $1400.

Thanks

 

[Artemis_ofthe_Hunt]

Thanks,

I just received the notice that the hearing is Dec 4th. I did pick up the Modification paperwork at the courthouse, its a bit overwhelming. So Ill try and get it done before the hearing, not sure if I will find the time. Thanks for the advice. I know Im in contempt I do owe her that $, circumstances made that happen. What is the worse they can do make me pay more per month to catch up, I dont want any real legal problems for a matter of $1400.

Thanks

it may be only a matter of $1400 to you, but to a custodial parent, that $1400 could put them in an entirely different place... being able to set up a bit for the future. No matter the cause, you fell behind in cs. You only made partial payment, so your ex, in essense is still waiting for you to pay for your portion of support for that child. Its not a small thing, IMO. I know that there are others here who are owed substancially more than that, but $1 or a million, its a responsibility that you need to live up to.
On another note, its good to hear from a NCP that they are current and catching up on arrears. Thank you.

 

[ETR1971]

it may be only a matter of $1400 to you, but to a custodial parent, that $1400 could put them in an entirely different place... being able to set up a bit for the future. No matter the cause, you fell behind in cs. You only made partial payment, so your ex, in essense is still waiting for you to pay for your portion of support for that child. Its not a small thing, IMO. I know that there are others here who are owed substancially more than that, but $1 or a million, its a responsibility that you need to live up to.
On another note, its good to hear from a NCP that they are current and catching up on arrears. Thank you.

Thanks, I wasnt saying that $1400 isnt a lot, it is to me, or I would write her a check right now. I just didnt want my whole world turned upside down over it, thats all.

 

[Gracie3787]

I know Im in contempt I do owe her that $, circumstances made that happen.

You may not actually be in contempt.

Contempt has to be proven to be a voluntary, willful and deliberate refusal to pay a court ordered amount.
If you paid the court ordered amount until you lost your job involuntarily, then paid what you could, that is not contempt.

Yes, you will owe the arrears, but that does not have to be based on a finding of contempt. It will help alot if you go into court with proof of your involuntary lay-off, proof of your good faith payments, and a plan for paying the arrears.

If I'm reading you right, you are not in actual contempt, and the only reason that a motion has been filed is because your ex got impatient about how long it's taking for you to pay the arrears. That is not contempt.

 

[ETR1971]

Oh ok, I guess I wasnt sure about the definition of contempt. I do have the documentation of my lay off and my income during the part time employment months as well. I will be prepared. I truly wish I had it, Im by no means avoiding it or running away, I simply dont have it.

Thanks