CS Violation Hearing and Contempt Question?

[katiedee2006]

Hello,

We are in NY.  Upcoming hearing re: Violation Petition re: non-payment of CS & unreimbursed medical.  DH is CP, Petitioner and pro se.

Exact wording of Order re: medical is, "reimburse the Petitioner for 34% of uncovered medical, dental, optical, prescription and psychotherapy expenses within 30 days of presentation of receipted bills and/or explanation of benefits"

BM has long refused to pay for her share of therapy, the cost of which is 100% out of pocket.  BM has returned many copies of the therapist bills with handwritten comments such as, " I will not pay!!!", "I do not participate, therefore I will not pay", etc.

By the court date, total arrears owed by BM will include an additional large lump sum payment (for arrears) that BM was directed to make per the last Order and has not paid.

Questions:

1) At the hearing, how do we go about asking the amount be reduced to a money judgment rather than simply having the amounts listed as arrears?

2) Is our assumption correct that there will be more numerous avenues to pursue for collection with a money judgment rather than an Order with increased arrears?

3) Is it important for DH to argue BM is in contempt as opposed to simply being 'behind' in payments?  (We are not sure of the practical implications of using specific wording.)

4) What is the significance of a 'contempt' finding?

5) Will interest accrue on the arrearages?

Thank you very much in advance!

[katiedee2006]

Hello,

We are in NY.  Upcoming hearing re: Violation Petition re: non-payment of CS & unreimbursed medical.  DH is CP, Petitioner and pro se.

Exact wording of Order re: medical is, "reimburse the Petitioner for 34% of uncovered medical, dental, optical, prescription and psychotherapy expenses within 30 days of presentation of receipted bills and/or explanation of benefits"

BM has long refused to pay for her share of therapy, the cost of which is 100% out of pocket.  BM has returned many copies of the therapist bills with handwritten comments such as, " I will not pay!!!", "I do not participate, therefore I will not pay", etc.

By the court date, total arrears owed by BM will include an additional large lump sum payment (for arrears) that BM was directed to make per the last Order and has not paid.

Questions:

1) At the hearing, how do we go about asking the amount be reduced to a money judgment rather than simply having the amounts listed as arrears?

2) Is our assumption correct that there will be more numerous avenues to pursue for collection with a money judgment rather than an Order with increased arrears?

3) Is it important for DH to argue BM is in contempt as opposed to simply being 'behind' in payments?  (We are not sure of the practical implications of using specific wording.)

4) What is the significance of a 'contempt' finding?

5) Will interest accrue on the arrearages?

Thank you very much in advance!

[socrateaser]

>Questions:
>
>1) At the hearing, how do we go about asking the amount be
>reduced to a money judgment rather than simply having the
>amounts listed as arrears?

Just ask that the court order the amounts in arrears be reduced to a judgment -- simple as that.

>2) Is our assumption correct that there will be more numerous
>avenues to pursue for collection with a money judgment rather
>than an Order with increased arrears?

Depends on the jurisdiction, and frankly, on what the other parent has that can be garnished/executed/liened against.

Can't really lose anything in the process.

>
>3) Is it important for DH to argue BM is in contempt as
>opposed to simply being 'behind' in payments?  (We are not
>sure of the practical implications of using specific
>wording.)

If it's a contempt hearing then you should have filed a motion for a contempt order. The burden of proof is different for contempt, as is the requirements for personal service. Lots is different, so I can't answer your question without reading your motion as filed and any supporting evidence and/or pleadings.
>
>4) What is the significance of a 'contempt' finding?

Can result in separate monetary penalties, and/or imprisonment under appropriate circumstances.

>
>5) Will interest accrue on the arrearages?

Yes, at the statutory rate applicable in your jurisdiction, whatever that may be.