Child support court date

[wysiwyg]

Soc,

IN state

Hubby changed jobs in April this year, last pay under a WH oder was 5/5.  Previous employer was court ordered to alert CSE when employee terminates employment adn who new employer is.  DH waited from 5/5 to 6/19 to see if new CS WH order came into play.  Since new job, he was on different pay periods and had to wait a month to get a paycheck and fist pay was not a full pay, waited to second pay when no WH order was in place DH resumed and paid all CS and has continued to do so to date.  BM filed 6/30 that BF failed/refused to pay CS, yet on 6/15 1 month of cs was paid in cash to clerk and she was sent a check on 6/19.  As I see it - a false filing.

Our attorney sent hers a fax 7/7 & 8/16 that stated that any lag was due to the WH oder and change in jobs etc, however the state ledger showed all as paid and current.  As of taday I am one week ahead.

There has only been one response from her attorney and that was a 6 weeks period that BM claims she was not paid.  

At no time did any payment go over $500 in arrears, and according to state there was never any failure or refusal to pay although no one will put that in writing.  In that it might make some difference, during this time frame of new job, my son had emergency surgery, we had to move and once moved BM showed up and caused a ruckus with our new apartment manager that resulted in them needing our attorney's info to perhaps file a restraining order on her for harassment of tenants on private property.

I have all receipts and paychecks to show that CS has been paid since last court order in 03 and the only lapse was the new job thing and situation noted above.  

1. Given the above situation, do you think I have anything to worry about?  

[socrateaser]

>Given the above situation, do you think I have anything to
>worry about?  

If I understand correctly, you have paid all support owed under the existing order, meaining that even though you changed jobs, you are completely paid up to date for every period of support that has come due, just as if you never changed jobs.

If so, then you're ok. Otherwise, you're in arrears.

[wysiwyg]

you are correct, everything is paid, there was only that small time lapse in the middle of job change etc.  As of today I am actually one week ahead.

1.  Givent hat she filed on 6/30 that I failed refused to pay and accepted money 2 weeks prior, is taht considered bad faith or false filings or misleading the court or something?

[socrateaser]

>you are correct, everything is paid, there was only that
>small time lapse in the middle of job change etc.  As of today
>I am actually one week ahead.
>
>1.  Givent hat she filed on 6/30 that I failed refused to pay
>and accepted money 2 weeks prior, is taht considered bad faith
>or false filings or misleading the court or something?

What exactly is the allegation against you for the hearing? Contempt? Maybe she just wants to have a support mod so she can check your new income.

[wysiwyg]

The allegation is the I have falied / refused to pay child supprt. She would not do well with a support mod as she is still receiving money towards day care when the child has not been in day care for three years.  We have asked her to take this to the CSE and get a mod as CSE states they work for the CP but the NCP has to hire private counsel.  She refuses to get a mod and the last time I used private counsel to get a mod it cost me 33K and the judge really had a say about that!  Regardless, that is the charge and as I said all is current and paid and there was a short lapse due to job,move and child illness etc.  but the states CS record speaks for itself egardng the payments.

It also shows that her allegations on 6/30 are incorrect as she recevived monies 2 weeks prior to her filing.

Another point to make on this is that she also has asked for attorney's fees from us becasue of her inability to pay her attorney, however just 20 days after her filing of contempt on me, she paid off a debt so her wages would not be garnished, that amount was in excess of 10K.

NEW INFO:

Our attorney has stated he heard from her counsel that she is willing to drop the contempt action if we forgive her failiure to pay the court ordered attorney's fees that resulted in a judgement between her and our attorney.  I contend that they are 2 seperate entities and her failure to pay the courts fees for a contempt action and her failure to appear in court when ordered is a way for her to try and strong arm me so she wil not get into more problems with the court.  She is claiming there were 6 weeks that she she did not receive a check.  THisi s really a 5 weekperiod from 5/5 to 6/15  and of thos 5 weeks she was overpaid by one week, and by the time she filed her claim she was paid for 3 more, leaving only one week outstanding.  So all this for one week?  I relaise that CS needs to be paid - but in this situation she was paid, I do not dispute a laspe, but I do believe I was not wrong to wait 2 pay periods to see if a new IWH order would again be impleemented, when it was not she was paid and all is well now and all attorney's agree that there is no outstanding balance.  LAstly, during this time of her failure to pay the fees for the contempt action, we were held liable to pay our attorney and pay CS, had she abided by the courts order and paid her fees we would have been financially better to pay CS and not have to scramble to pay for both!

[socrateaser]

Your case is simple: you were not in willful disregard of the court order to pay, because you expected the withholding order to deduct from your salary and as soon as you realized that would not occur, you sent a check.

No contempt.

[wysiwyg]

WONDERFUL thank you!  You always cut to the chase of my wordy posts.

Have a sensational day!

[wysiwyg]

Soc,

Given this discussion we have had on this, how would you answer this quesiton if it were posed to me tomorrow;

AFter 1 paycheck went by and there was no with holding taken out, why did you not pay then, why did you wait two pays?

[socrateaser]

>Soc,
>
>Given this discussion we have had on this, how would you
>answer this quesiton if it were posed to me tomorrow;
>
>AFter 1 paycheck went by and there was no with holding taken
>out, why did you not pay then, why did you wait two pays?

"I asked my employer what was going on, and they said that they would investigate. I figured they would straighten everything out by the second paycheck, but apparently that didn't happen. When I found out that there was still no withholding, I started paying direct."

The above assumes that what I've just described is the truth, the whole truth, and nothing but. Otherwise, you may get caught in a lie, and the result will be way worse than just telling the truth up front.

You do have the option to refuse to testify, you know? Not saying that you should refuse, but the court cannot hold your refusal against you.

[wysiwyg]

the "truth" also would include "your honor, you had ordered the Respondent to pay atorney's fees by X date for a prior contempt action and when she had not paid I was bound to pay my attorney the fees that the Respondent failed to pay including CS, which both at the time of a job change put a burden on me financially, however please notice that Cs was paid to the Respondent 2 weeks prior to her actual filing her petiton that I had refused to pay."

you take on that above please?