Failure to comply


#1

CSE has filed a court date against ex for failing to comply with court order. Ex has not paid support for 8 months and running. Also has let insurance lapse which was part of the order.
I have now put kids on my insurance.
Questions:
What is likely to occur in the hearing regarding the payments not made ( several thousand at this point)
Ex was given a substantial “allowance” in the order to offset ex’s claim of what health insurance would cost, but since ex let it lapse months ago and I am paying it, shouldn’t they remove that allowance and make ex pay the full amount moving forward?


#2

There will be a hearing on whether he is in contempt for failure to pay the amount awarded, and if the judge finds him in contempt, he could face jail time and have to make a purge payment to avoid incarceration.

If you are insuring the children, you should discuss with your case worker that you need to also file a motion to modify the order so that the amount is adjusted.


#3

CSE filed against ex for her failure to comply, which consists of paying 0 ( not even $1, no attempt to pay a dime) for last 7 months, and incomplete payments for most others in the last year. Now that hearing is only a few weeks away, Ex has pro-se filed for modification saying that due to disc surgery has not worked in last year. CSE knows ex has had both workman’s comp and disability, which ex has not paid a cent from those payments for C/S. I have strong information ex has been working from home,for cash.

Questions: A. Since ex has motioned for modification doesn’t that also open the door for me to show my additional expenses of insuring the kids
( which she was ordered to do, and let lapse and received credit for in the order)

B. Am I correct that unless ex has a notarized statement from a doctor saying she is permanently disabled, that court will not allow ex to claim cannot work ( is a cosmetologist, not a labor intensive job).

c. I can prove ex has had several shoplifting charges( public court records) in last few months and has retained ( not free mind you) private counsel to defend, which I believe ex has used my support money or at least a portion of it, for, is that worth bringing to courts attention ?

What ex has done is chosen not to work ( on the books) in order to continue collecting disability and public assistance to avoid paying support.
Please render your opinion, and any suggestions I should make to the CSE attorney to help them to not allow ex to receive a modification?


#4

Yes, you can present evidence of changes that impact you to the judge for consideration of the motion to modify.

A notarized statement from the doctor is probably the best evidence of disability, but there may be other ways she can prove it too.

I would ask her if she has recently retained an attorney for charges, how much that attorney costs, and where she got the money to pay for the lawyer.