Hearing on Contempt? - Mothering Forums

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Old 08-31-2007, 09:47 PM - Thread Starter
 
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I got a letter in the mail today from a lawyer representing the D.O.R., which was basically a copy of a letter that they sent to dd's father. Basically it is just informing him (and me, as well) that a hearing will be held due to his failure to pay child support for most of this year. It says that I will request an income deduction order, establishment of arrears, a repayment plan for arrears that will "more equitably cause their liquidation in light of their amount and the time it would take to repay them", and any other relief that the court deems appropriate and just. It also says that if the court finds that he was able to pay and just didn't, he will be incarcerated. Has anyone gotten one of these? I'm sort of surprised...ok, really surprised. I didn't really think CSE would do anything, and I at least thought I would get warning. He did just start working and actually paid March's payment two weeks ago. This could be a good thing, though, right? Or can he do anything as far as custody goes even though it's a DOR hearing? Any thoughts, BTDT stories, or advice would be so great. Like, should I bring a contract from dd's child care and try to get some of that added to child support?

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Old 09-01-2007, 12:45 AM
 
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I'm not sure about the custody issue, but I've read about these a bit because at one point I thought this would happen to my ex. In my province, the website said that when the court date came, the person from the gov't in charge of our case (collecting the support and giving it to me) would meet with him first and do everything he could to work something out. Then, if they couldn't agree, they would go before the judge.
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Old 09-02-2007, 02:07 PM
 
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Old 09-02-2007, 03:23 PM
 
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If all they are doing is enforcing an existing order and that order didn't include splitting child care, I doubt it would do you any good to try to pursue that in this hearing.
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Old 09-02-2007, 04:45 PM - Thread Starter
 
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Thanks. I actually posted on those free law advice boards (can't think of the URL now) and they pretty much said the same thing - to forget about trying to add in the child care, but just be concerned with getting some of the arrears that he owes. And it's true. I will feel soooo lucky if they can scare the deadbeat into actually paying.

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Old 09-02-2007, 08:24 PM
 
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While he may not be able to do anything at a DOR hearing about custody this does not stop him from filing a motion for custody issues. It is common to use custody conflicts to get out of paying child support, and the icing on the cake is if they win you pay them. Be careful. Family court is ugly and not very logical. Women go in believing in justice only to find out they are in the land of the bizzare.

Learn the laws in your state even if you are only dealing with a DOR case. I have had cases where only certain issues were on the motion and than it turned into a totoally different hearing.

Best of luck
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