frustrated and scared

[faithnlve]

What is the name of your state? vt...I got behind in cs due to medical condition, surgery and out of work. I got behind about 6,000.00. When my ex brought me into court for contempt in May. I did go back to work in March and have not missed a cs payment to date. The office of child support and my attorney agreed I would also pay 1000.00 by june 22. Well, 600.00 was paid in June, and as of today's date I still owe 100.00. I am sending this in by next thursday. I received a notice to appear in court for contempt. I called my ex to ask him if he would dismiss the contempt on me even though I know I was late. He laughed and said nope. What will happen to me now? Faith

 

[Zephyr]

pay as much as you can before your court date (it would be best if you had no arrears going into court) bring with you all of your medical documentation regarding why you were out of work**************

 

[SingleMom67]

What is the name of your state? vt...I got behind in cs due to medical condition, surgery and out of work. I got behind about 6,000.00. When my ex brought me into court for contempt in May. I did go back to work in March and have not missed a cs payment to date. The office of child support and my attorney agreed I would also pay 1000.00 by june 22. Well, 600.00 was paid in June, and as of today's date I still owe 100.00. I am sending this in by next thursday. I received a notice to appear in court for contempt. I called my ex to ask him if he would dismiss the contempt on me even though I know I was late. He laughed and said nope. What will happen to me now? Faith

When's your contempt hearing? It might be too late for him to dismiss depending on when it was scheduled. In any event, don't worry too much. Take the advice of Zephyr and remember that the courts would rather see you out there working and paying your support than in jail.

 

[faithnlve]

I don't think I explained my situation too well. Sorry. I was in court for contempt already. The judge agreed to hold off on the contempt if by June 22nd I paid $1000.00 of the arreages due. I agreed to. $600.00 was paid by the second week of june, but, I did not get the total 1,000.00 paid off yet. I did send another 300.00 a week ago, and still owe 100.00 which I intend to pay today. The problem is the office of child support has ordered another hearing this next wednesday to find me in contempt for not paying the 1000.00 at the time agreed upon. My attorney is pissed at me and is withdrawing because I did not follow through. I don't know what to do at this point. To hold off on not having food on the table for my kids, I kept promising to pay and I kept holding off until I had the money for sure. I am paying the 100.00 left on this agreement today. I have been paying child support on time since my new job began in march, and have not missed one payment of my child support. Is there anything I can do now?? It has been hard since my paychecks are only net 200.00 a week after child support is taken out, and I my paycheck is our household food money. I feed a family of four one week, and then a family of 8 the following. Someone please help me with some advice here. Thanks..... faith

 

[CJane]

First of all, are you on assistance? If your income is that low, I'm willing to bet you'd qualify. Might help with feeding all those people.

If I'm understanding you correctly, the contempt was basically postponed to see if you'd abide by the agreement... so this is not a NEW contempt filing, it's the same one being re-heard. Yes?

Since you'll be caught up before you appear, I wouldn't worry too awful much about it. Show proof of payments/dates and explain to the judge that it was harder than you thought, but that you're caught up NOW.

Have you filed a mod yet?

 

[BS Spotter]

To add onto what Cjane stated...you need to show the court that you did not willfully defy your agreement to the court. Explain your situation. Bring several paystubs. You might also want to prepare a financial affidavit to show to the court as well. Also point out to the court that you have been paying CS as ordered since retaining employment (contact CSEA and get a recent printout). Don't give the court any BS...just be honest.

I do have to ask...when you agreed to this, were you actually in a position where you were able to pay it off by the date you agreed to? Perhaps you over-extended yourself by agreeing to a date that you weren't going to be able to meet, given your financial situation? Or did something unexpected come up?

Don't be surprised *if* the Judge asks you why you agreed to it if you knowingly/realistically weren't going to be able to meet the date you agreed to. Even if you were sending $25, $50 or whatever you could when you could, that might have helped you a little bit as well, as it would've shown a pattern that you were attempting to pay it down when you could with whatever you could, instead of holding off and sending alot at once.

 

[faithnlve]

Sorry, just got back from working a full weekend. First of all I am not on any type of assistance. Secondly, my lawyer is the one who pushed me into agreeing to it, knowing I did not have the money. Anyways, as of August 3rd I went and paid the remaining balance due off and requested a motion to dismiss. I am waiting now for the courts response. I hope it is dismissed. If not, what will happen? My attorney decided to withdraw as my attny, and am now pro se since I have no money to give him. Thanks Faith

 

[BS Spotter]

If not, what will happen?

You will have to defend yourself as to why you did not live up to your end of the contract you entered into. You can *try* to tell the court that you were under duress by your former attorney to agree to this date, but that's a pretty steep hill to climb.

 

[CJane]

If not, what will happen?

While I cannot predict what a judge will do in any given situation, it's my opinion that if it's not dismissed, you should go to the hearing and present your proof that you are caught up NOW. I would think, presented with the fact that you're no longer in arrears, even if you didn't pay by the date ordered (assuming this is the first time you've been behind on CS) that you're only likely to get a 'stern talking to'.

Did your attorney officially withdraw - as in file his/her withdrawal with the court?

 

[faithnlve]

my attorney did withdraw. But, then he sent in a motion to dismiss on my behalf. It made a request to dismiss the hearing and if the case is dismissed then his withdrawal would be moot. Faith

 

[Shay-Pari'e]

my attorney did withdraw. But, then he sent in a motion to dismiss on my behalf. It made a request to dismiss the hearing and if the case is dismissed then his withdrawal would be moot. Faith

I don't blame your attorney at all. don't count on this case being dismissed because you no longer have a lawyer.

 

[faithnlve]

UPDATE: My attorney went to court on my behalf. He withdrew from the case after the hearing, since the case would be done. I guess I didn't understand his intentions at the time. Also, the judge was pretty pissed off at my ex. I had paid up what was ordered, and have not missed cs payments at all since working 6 months ago, my arrearages are going down. What pissed off the judge was that my ex requested: Hours he lost at work coming to court, a civil penalty on me for two months since I was 3 weeks late paying him off, and that I go to jail for 5 days as punishment. Now here is the kicker, it was the office of child support that ordered the contempt, and the office of child support and my ex met before the hearing to request all these things to do to me, and it was only two days before the hearing the office of child support told me they would try and get it dismissed. The judge asked me what caused my arrearages and I had given him a note from my doctor stating I could not work for the months I was behind in cs, and a few weeks after due to the surgery. The judge asked if I had notified the cp of my medical issues, and I said yes, he knew. I also let the judge know my ex was in arrears to me of over 6,000.00 when I had the custody and reduced it by half. What a mess! Anyways, my plan is to keep paying my cs, get caught up on arrears, and love my kids. Not in that order....and hope my obsessive ex who is out to get me leaves me alone. thanks all faith

 

[CJane]

YAY! I was hoping it'd work out for you.

 

[Gracie3787]

I'm glad things are working out for you. Just remember, no matter what, pay what you can and ALWAYS keep the CSE and your ex up to date on illnesses, surgeries, layoffs, etc.