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CS Contempt...m

Started by Giggles, Jun 02, 2005, 12:23:39 PM

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Giggles

Hi SOC!!  Not to worry, this has NOTHING to do with the eviction....which btw, I'm still at the house :-)  My settlement date on my house is June 30th and I think he now realizes how drastic his life is going to change when we finally do leave...he's now trying for a reconciliation...AIN'T gonna happen!!

Anyhow...the State is MD and the CS I receive for my YD goes through CSE.  NCP had a wage withholding order but lost his job in Feb and I will assume that he hasn't returned to working because no CS has been paid since.  In April, CSE suspended his license and I just received a notice that he is to appear for a Show Cause hearing for Contempt on failure to pay CS.  It states that I do not have to appear.

1.  Should I go to the hearing?

2.  The amount he is in arrears is in the tune of over $11K, how much of that will he have to pay in order for them to drop the contempt hearing or to keep himself from going to jail?  (I believe he may have the money to pay it. This may sound mean....but his Wife was killed in an auto accident back in Oct 04 and he may have received a financial settlement....but I have no proof of this.)
Now I'm living....Just another day in Paradise!!

socrateaser

>1.  Should I go to the hearing?

It's your money. I'd want to know that CSE wasn't doing a botched job.

>2.  The amount he is in arrears is in the tune of over $11K,
>how much of that will he have to pay in order for them to drop
>the contempt hearing or to keep himself from going to jail?
>(I believe he may have the money to pay it. This may sound
>mean....but his Wife was killed in an auto accident back in
>Oct 04 and he may have received a financial settlement....but
>I have no proof of this.)

Even if he pays it all in advance of the hearing, the only way that the hearing will be dismissed is if CSE stipulates to dismiss it. The court is not likely to put him in jail. Prisoners can't seek employment, thus they can't pay support. The judge will tell him to either pay or set up a payment plan, and then the judge will tell him to seek work and come back in 90 days, and if he doesn't have any work, even minimum wage, by then, that's when the judge will seriously consider giving him 30 days to encourage his cooperation.