CS late..is it wrong to ask?

[terp]

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

My question is not a legal one but I am hoping to get an answer based on your experiences. Thank you!

Quick Hx:
Father is around $9000 in arrears now. For a few years now, he has been paying only 50% of the court ordered child support, an amount "he feels he should pay". I have had to remind him for over a year of when it is due. He pays every other week. Two weeks ago, we (my attorney and I) were finally successful in serving the contempt papers, now all payments have stopped. I have sent him an email again reminding him that CS was past due and asked him to let me know when he might be able to get a check sent, but no response.

Questions:
In a contempt hearing for non payment, has it ever back fired on a parent for asking the other parent about CS?
and
How long did it take you to give up and stop asking?

 

[CourtClerk]

In a contempt hearing for non payment, has it ever back fired on a parent for asking the other parent about CS?

No, there's no harm in asking.

How long did it take you to give up and stop asking?

I never asked. If it came, great. If it didn't... oh well, it just didn't . I have my own money.

 

[lv2ride]

OMG.... he has a legal responsibility and no judge would excuse it. He can't pay "what he feels is right" if he was court ordered to pay a certain amount. He can be locked up for ignoring a court order. You might want to find another lawyer.
To answer your question, no it can't backfire on you for asking him to fulfill his obligation. Seriously.... find a competent lawyer

 

[terp]

Thank you. I, too have my own money and I always take care of our son's needs as they come regardless of CS. However, I do use the CS for "fun/bonus" treats, like day outings, maybe an additional extra curricular activity if he is interested and most important his college savings. It is the principle of things****************************....as a CP, I can't just decide not to support our son....

My attorney has been great and has worked very hard for me in the past. We had a hard time serving the father because he travels a lot and lives out of state. So he was finally served while in Maryland.

Another question, since he was served in state, he only has 30 days to respond correct? I know that if we had been successful in serving him in his state, it would have been 60 days. So although he is a resident of another state, since he was served here, the 30 day rule applies, right?

 

[moosemama]

Thank you. I, too have my own money and I always take care of our son's needs as they come regardless of CS. However, I do use the CS for "fun/bonus" treats, like day outings, maybe an additional extra curricular activity if he is interested and most important his college savings. It is the principle of things****************************....as a CP, I can't just decide not to support our son....
My attorney has been great and has worked very hard for me in the past. We had a hard time serving the father because he travels a lot and lives out of state. So he was finally served while in Maryland.

Another question, since he was served in state, he only has 30 days to respond correct? I know that if we had been successful in serving him in his state, it would have been 60 days. So although he is a resident of another state, since he was served here, the 30 day rule applies, right?

Oh, I just have to comment that you are so right. When Dad lost his job he didn't pay support for three months, he "just couldn't come up with it". I said it many times - I just can't decide that supporting the kids is not in the budget, the state would take them away from me! Life as a CP.

Good luck to you!

 

[CourtClerk]

Thank you. I, too have my own money and I always take care of our son's needs as they come regardless of CS. However, I do use the CS for "fun/bonus" treats, like day outings, maybe an additional extra curricular activity if he is interested and most important his college savings. It is the principle of things****************************....as a CP, I can't just decide not to support our son....

This is correct, and you knew the job was tough when you took it. I'm a CP, have been all my child's life. Never received a dime for more than a decade... never bothered me one bit and my child has had an AWESOME life. He's participated in every activity he's ever wanted to, plays every sport he wants to, been to more states than some people 3 times his age, visited a few countries, has a wardrobe that some adults would be jealous of... all on my dime. Why? Because you don't depend on CS... EVER.

I wouldn't lower myself to asking for it. If you haven't done so, turn the order over to CSE and let them enforce and harrass him for the money. I, am too busy enjoying life and my kid's childhood to go chasing a child support check. There are people in this world who get paid to do that... let them do it with as little of my involvement as possible.

 

[terp]

What about the time frame now for him to respond? Am I right to assume he only has 30 days from when he was served since he was in-state? or does he have the 60 days since he is a resident of another state?

 

[seniorjudge]

What about the time frame now for him to respond? Am I right to assume he only has 30 days from when he was served since he was in-state? or does he have the 60 days since he is a resident of another state?

The papers he got will give him the date he must respond by. Look at them.

Also, the whole lawsuit will now be reopened for all questions.

 

[terp]

The papers he got will give him the date he must respond by. Look at them.

Also, the whole lawsuit will now be reopened for all questions.

Reopen all WHAT questions....meaning amount set for CS, out of state visitation? Are you referring to the whole kit and kaboodle? I don't want to rehash the whole custody situation.

I am sorry for the ignorant questions but I am confused and now very concerned that I openned a very stressful can of worms all because he wasn't paying his support.

Thank you!

 

[seniorjudge]

Q: Reopen all WHAT questions....meaning amount set for CS, out of state visitation? Are you referring to the whole kit and kaboodle? I don't want to rehash the whole custody situation.

A: Yes.

 

[LdiJ]

Reopen all WHAT questions....meaning amount set for CS, out of state visitation? Are you referring to the whole kit and kaboodle? I don't want to rehash the whole custody situation.

I am sorry for the ignorant questions but I am confused and now very concerned that I openned a very stressful can of worms all because he wasn't paying his support.

Thank you!

Only CS will be addressed unless dad decides to make other motions.

 

[terp]

thank you for clearing that up. I was under the impression that a contempt hearing is just that and nothing else and those motions, if any, would be separate and at the judges discrection to hear them all at once.

Thank you very much!