I was served with a “motion and order to show cause for failure to comply with order in child support action” on Friday.
Reason for non payment - I was laid off in September and have fallen behind in support. Since the time of my being laid off, I have been consistently looking for a new job but in order to take care of my family, my wife and I have had to go apply for food stamps and WIC/Medicaid for my pregnant wife and 18 month old son. I have NO money (my account is negative about $100 right now) and I’m selling stuff on Craigslist and other sites just to have gas to get to job interviews and diapers for my son.
All that being said, when I was served with the paper, I immediately called my ex to explain my situation and she plain out said she doesn’t care. I was found guilty of contempt for nonpayment a couple years ago because I was actually laid off then as well but the judge did not force immediate payment since I didn’t have any money. He put me on a payment plan of $50/month for her and $50/month for her attorney’s fees to her attorney.
She has supposedly dropped her attorney several months back but nothing has been filed saying that the attorney is no longer representing her. She didn’t use her attorney to file the motion to show cause.
My question, since she technically has an attorney, doesn’t she (the attorney) have to be included in any and all matters with the case (i.e. any filings and court hearings)? Also, what does “motion and order to show cause for failure to comply with order in child support action” actually mean? Will this be an actual contempt hearing like last time or will there be a chance for continuation? I’d rather just pay her back a lump sum once I regain employment than pay her back over a couple years but I can’t do that until I start working. The court date is set for 3 weeks and while I’m hoping to have a job, I’m also going to have to catch up on my utility bills and my rent as well as the child support I owe so I’m not sure I will have the $900 needed by that date. If I haven’t paid by the court date, and the judge finds me guilty, is there a chance for jail time?