Show of Cause - Medical Expenses


#1

My ex filed for a reduction to child support and we had a hearing in October. My ex was not disclosing all of his income. He works a regular job, but plays in a band several times per month.

The judge continued the hearing until February and ordered him to bring 2006-2008 tax returns, financial records, bank statements, etc. She also issued a subpoena for his parents, since his father handles the bands money and he is hiding money in their accounts.

We went to the hearing in February and he did not have 2008 information. A different judge was presiding and the hearing was continued. What he brought to court shows the band making a loss, but I’m sure the financials are not correct since a lot of what they get paid is cash. He told the judge at the first hearing that it “was all charity” and he does not make any money, although most of his gigs are at bars and all are posted on the bands myspace page.

At the last hearing, my ex claimed the band split up and is no longer playing. I have proof that the band is still playing and now he is saying he “quit the band”.

My ex owes me more than $2k for his portion of medical expenses for the past two years. CSE finally filed a show of cause for this and the hearing is scheduled for the same day as the reduction hearing.

My ex has made no attempt to pay any of the medical expenses, ever. He owes $9500 in past due child support and is not in compliance with the current child support order. CSE has never filed a show of cause for the past due child support (went from $4k in arrears to $11k in three years). In fact, the only time we have been in a court room is when CSE took over my private order and then when he filed for a reduction. I’m not sure how he has gotten away with non-payment for so long and I have been unable to get assistance from my case worker in the past (she is now no longer with the agency).

On top of all of this, my ex has filed a motion to modify custody and I have spent a lot of money on attorney fees, as has he, I’m sure. He obviously has money to spend.

I know what happens at the show cause is up to the judges discretion - he can be held in contempt and be placed in jail until he pays the $2k in medical expenses or be given a period of time to pay.

Do you have any idea of what I might can expect? If he is given a period of time to pay, what is typically the maximum amount of time he may be given?


#2

Given the facts of the case, and how many times it has been continued I believe the judge will be sympathetic to your need, and the fact that you have been going without support for so long. Based on what I have seen judges do recently he or she may order that he has anywhere from 1 to around 90 days to purge his contempt.