contempt hearing

[buka]

The NCP is not paying court-ordered portion of uninsured medical expenses. If I file for a contempt hearing, can I also file to address other issues with the support order?

The specific issues are changing the amount NCP is ordered to pay for medical insurance premium since premium went up, AND having language added to the order that allows the child support office to make administrative changes to the order (so that next time the premium goes up, we don't have to go to court again).

Can we do all this at one hearing?

 

[StarsMoon]

I would like to know the answers too????

Hey there Buka.....

This is about like hubby's situation. The only difference is NCP wants to take CP to court for contempt for not having child available for phone visits, and having a current addy and phone number. It's all in the final consent forms, but CP doesn't care. He is required to pay for all phone calls . And, when ya have to track them down, it's gets pretty expensive. (We n Fla and CP lives in Ga).
Hubby wonders too if she could ask for more $$$. She gets $450.00 monthly. She don't work and lives rent free W/ her B/F. She says $450 (for 1 child, 7 yrs old) isn't enough to raise "HIS" son. LOL. No, it doesn't when CP doesn't help contribute.
Anyways, sorry for rambling on.

moving it on up....

Thanks....

 

[smh33]

My opinion is that you should file a motion for support modification, not contempt. The issue of non payments will be addressed in motion to modify.....a contempt motion is asking judge to hear issue of the contempt, not to address changes in the whole support order. Check state laws on modifing, how often, etc....
The payor by law has to be given opportunity to challenge any changes in support order....do not think you can get any type of auto admins. change authority....not thier responsibility...is your's.

 

[buka]

Thanks for the replies. I'll try to be more specific because need some clarification:

How would the issue of non-payment be addressed in the modication hearing? NCP is not paying court-ordered medical/dental expenses -- expenses not covered by insurance. I don't want to modify anything having to do with those expenses, I want the judge to make NCP follow the order and pay them. (Which is what a contempt hearing would be for)

What I want to modify is the amount that NCP is currently ordered to pay toward the insurance premium. Order says 55%. At the time of the order, 55% was $37. Now, 55% is $61. Not a huge amount of money, but it adds up.

I talked to the Child Support Office and was told that it was too bad the judge hadn't put a clause in the original order saying their office could make administrative changes, because its not enough money to warrant a hearing (they said $50 or more). If admin changes had been allowed in original order, CS office could make change since there is nothing for NCP to dispute. The judge ordered 55% and I'm not trying to change that.

So the problem is that I can't just file to modify the premium, which means I also can't file to have the admin clause added, but I CAN file a contempt motion, so I was hoping it could all be done at ONE hearing.

Does anyone know if that's possible?

 

[lcollins]

I know here in GA we can file a motion for modification and citation of contempt of divorce decree in one document - your best bet is to ask and attorney in the jurisdiction where to order was made. I'm in the same boat. My ex is behind in cs (I only get 243.20 a month in cs) and refuses to pay the 50% in uncovered medical and dental costs incurred by our child. I'm looking at taking him back for contempt and filing a modification of custody/visitation. Hope everything works for you.

 

[smh33]

What do you have in place.....a support order and what does it say? where is ins/med addressed...only in custody/divorce order and does it only address costs not covered by ins? What is wording...55% of premium or 55% of premium equaling $37? Is it spelled out like this or do you just know on the support worksheet it equaled out to be 55%?

 

[buka]

The order spells out that 55% equalled $37 at the time of the order. It also says that NCP is responsible for 55% of all uninsured medical and dental bills.

 

[smh33]

O.K., this is my reasoning just based on info in post...
1.Understand no clause for administrative changes but if order reads 55% of cost, why would CSS even need that clause? There would be no change, in order of the 55%...why can you not show documentation of increase to CSS & they apply? I don't know, you may have already asked CSS this...would like to know thier reply if you have...
2. Assuming the above not viable, that is why I thought modification. Though % may not change, it may be required formality just to change the #s on order from $37 to _..
3. Any hearing about support, the judge will always ask if the payor is current as this a relevant issue, a factor in any support hearing. This is why I said the contempt/non pay would get heard at modification. May be monthly payment but any type of finacial obligation for child's care is considered 'support'. You would be correct to inform judge ex not current in this respect & have the bills + 2 extra copies(judge/ex). Most likely judge will put order for this owed $ in place, can even add it to monthy obligation until paid in full.

 

[buka]

smh33, I agree that it seems simple enough to change the amount from $37 to $61 given that 55% is written into the order. But nothing is ever that simple!

The CS office said that if the admininstrative clause had been written into the order, they could make the change w/o a judge, but since it was not written into the order, I have to go before a judge.

BUT they also said that since the change is only a difference of $24/month, I can't go before a judge because it has to be a change of $50 or more to be considered a significant change of circumstances. So basically, the only thing I can file at this point is a contempt motion and it doesn't look like that will allow me to address anything other than contempt. I guess I'm stuck waiting until my insurance premium goes up by another $26/month.

Thanks again for your replies though.

 

[meandu202]

File the contempt charge or you will never see results. Too many ex's get away with not taking appropriate care of their children. And too many ex's get away with being in contempt and noone does anything. Take charge...do what you have to do for your child!!