Can you help me understand this?

[Romersgirl]

I'm going to type word for word what our court order says, I need to make sure I'm understanding this correctly:

"ORDERED that the Plaintiff (DH) shall pay to (X) the sum of $250.00 per month child support, which will include his costs for hospital insurance and any other direct payments to third parties for the benefit of the children."

My DH has paid $250 a month to "X" but has also paid $217 a month for mesical insurance.  Due to my OSS's accident my DH was out of work at the hospital and therefor was late on his child support.  "X" show caused him for child support.

1.  Since the court order says "which will include" for the medical insurance doesn't that mean he's not late, matter of fact, he's paid more than what is ordered by the courts?

2.  how do we get out of the show cause or do we still have to go to court?
thanks for all your help!!

[socrateaser]

>1.  Since the court order says "which will include" for the
>medical insurance doesn't that mean he's not late, matter of
>fact, he's paid more than what is ordered by the courts?

Well, the order is quite poorly written, no 'bout a doubt it. Nevertheless, it is absurd to think that all of the costs, such as direct payments to third parties unknown, as described in the order, could possibly come from a fixed payment of $250. And, the fact that DH has actually paid more than the order, indicates that he understands the order differently than you are attempting to interpret it now.

>
>2.  how do we get out of the show cause or do we still have to
>go to court?

If DH is involuntarily unemployed, so that he did not have the income to pay, then he is entitled to a downward support modification. He can also have his support arrears stayed until he has the money to pay. However, if he has the money in savings, or the ability to raise it through borrowing, then he must pay.

If you want to avoid court, then pay the bill -- otherwise, court is the only alternative.

You haven't really given me any specific facts of the case, so I can't comment further.

[Romersgirl]

He did pay and caught up on his child support before he was ever even served with the show cause.  What I am trying to avoid now is going back to court yet again and missing yet another day of work since its a mute point now anyway.  He missed a week of work while YSS was in the hospital.

We dont want him to have a show cause on his record and have that affect our chances at custody, especially if there was no grounds for the show cause anyway.

We went to an arraignment but my DH was so nervous and fumbled with his words so bad that we have to go back again.  Basically the judge didn't want to hear (not his fault, DH coulddnt get the right words out) the facts of the case, just whether or not a show cause was warranted, bc DH couldn't show him why it wasn't, we have a court date in Oct.

1.  There's no way to avoid that even with the BM stating in court that he was paid up (she did do this)??

[socrateaser]

>1.  There's no way to avoid that even with the BM stating in
>court that he was paid up (she did do this)??

If you can show proof that you paid the support amount prior to the filing of the show cause order, then you could file a motion to dismiss, on grounds that there is no justiciable controvery remaining between the parties (moot point -- not "mute" ;->).

Do you have a receipt showing the date that the support was paid, or does the check display a date prior to the date of filing for the show cause order? Or, some other objective proof?

[Romersgirl]

Oops, thanks though!! ;o)

BM even stated in court that he paid before he was served, the day she did the show cause (with out us knowing) DH paid that afternoon.  We paid by check so the date is on the returned check.  Would that work?  

How do you file a motion to dismiss, same as all the other motions?

[socrateaser]

>Oops, thanks though!! ;o)
>
>BM even stated in court that he paid before he was served, the
>day she did the show cause (with out us knowing) DH paid that
>afternoon.  We paid by check so the date is on the returned
>check.  Would that work?  

Probably. The issue is how late was DH with the payments? The burden is on the other party to show that you didn't pay by the date payment was due. It then becomes your burden to show that your reason for being late was because of circumstances beyond your control, i.e., that you did not willfully violate the court order.

>How do you file a motion to dismiss, same as all the other
>motions?

Yes.

If you want more help then I need to read the allegations of the other party contained in the show cause, the judge's finding at the motion hearing, sometimes contained in a minute order, and exactly how far behind in your payments you were, and why you were late enough to cause the other party to file for an order against you.

[Romersgirl]

I'm going to type word for word what our court order says, I need to make sure I'm understanding this correctly:

"ORDERED that the Plaintiff (DH) shall pay to (X) the sum of $250.00 per month child support, which will include his costs for hospital insurance and any other direct payments to third parties for the benefit of the children."

My DH has paid $250 a month to "X" but has also paid $217 a month for mesical insurance.  Due to my OSS's accident my DH was out of work at the hospital and therefor was late on his child support.  "X" show caused him for child support.

1.  Since the court order says "which will include" for the medical insurance doesn't that mean he's not late, matter of fact, he's paid more than what is ordered by the courts?

2.  how do we get out of the show cause or do we still have to go to court?
thanks for all your help!!

[socrateaser]

>1.  Since the court order says "which will include" for the
>medical insurance doesn't that mean he's not late, matter of
>fact, he's paid more than what is ordered by the courts?

Well, the order is quite poorly written, no 'bout a doubt it. Nevertheless, it is absurd to think that all of the costs, such as direct payments to third parties unknown, as described in the order, could possibly come from a fixed payment of $250. And, the fact that DH has actually paid more than the order, indicates that he understands the order differently than you are attempting to interpret it now.

>
>2.  how do we get out of the show cause or do we still have to
>go to court?

If DH is involuntarily unemployed, so that he did not have the income to pay, then he is entitled to a downward support modification. He can also have his support arrears stayed until he has the money to pay. However, if he has the money in savings, or the ability to raise it through borrowing, then he must pay.

If you want to avoid court, then pay the bill -- otherwise, court is the only alternative.

You haven't really given me any specific facts of the case, so I can't comment further.

[Romersgirl]

He did pay and caught up on his child support before he was ever even served with the show cause.  What I am trying to avoid now is going back to court yet again and missing yet another day of work since its a mute point now anyway.  He missed a week of work while YSS was in the hospital.

We dont want him to have a show cause on his record and have that affect our chances at custody, especially if there was no grounds for the show cause anyway.

We went to an arraignment but my DH was so nervous and fumbled with his words so bad that we have to go back again.  Basically the judge didn't want to hear (not his fault, DH coulddnt get the right words out) the facts of the case, just whether or not a show cause was warranted, bc DH couldn't show him why it wasn't, we have a court date in Oct.

1.  There's no way to avoid that even with the BM stating in court that he was paid up (she did do this)??

[socrateaser]

>1.  There's no way to avoid that even with the BM stating in
>court that he was paid up (she did do this)??

If you can show proof that you paid the support amount prior to the filing of the show cause order, then you could file a motion to dismiss, on grounds that there is no justiciable controvery remaining between the parties (moot point -- not "mute" ;->).

Do you have a receipt showing the date that the support was paid, or does the check display a date prior to the date of filing for the show cause order? Or, some other objective proof?