If i am Behind and been served on child support what will happen in court?

Answer 1

Steven H. Gifis, in his book "LAW DICTIONARY", defines "contempt of court" as "an act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority. There are two kinds, direct and constructive." (249 S. 2d 127, 128)

"DIRECT CONTEMPT openly and in the presence of the court, resists the power of the court, 102 A. 400, 406. CONSTRUCTIVE CONTEMPT results from matters outside the court, such as failure to comply with orders." (114 P. 257, 258)

"Another classification differentiates between civil and criminal contempt. CIVIL CONTEMPT consists of failure to do something which is ordered by the court for the benefit of another party to the proceedings (sometimes called RELIEF TO LITIGANTS), while CRIMINAL CONTEMPT are acts in disrespect of the courts or its processes which obstruct the administration of justice." (199 S.W. 2d 613,614)

"The penalty for civil contempt is usually payment of a fine, or imprisonment for an indefinite period of time until the party in contempt agrees to perform his legal obligation, "unless the imprisonment clearly fails to act as coercion and merely to punish" (64 NJ 257). The penalty for criminal contempt is a fine or imprisonment for a specified period of time, intended as punishment which must be tried by jury if post-conviction contempt proceedings impose sentences exceeding an aggregate of six months." (94 S Ct. 2687)

Comment: If a father is unemployed AND ACTIVELY LOOKING FOR WORK, and if that father is imprisoned on contempt of court for non-payment of child support, then the sentencing Judge has done NOTHING to alleviate the father's inability to pay. Instead, the Judge has aggravated the situation by denying the father the ability to seek employment. If the judge is not a part of the solution, he is a part of the problem.

In the contempt hearings for non-support, an unemployed Obligor (non-custodial parent, usually the father), must be able to show that:

1. He is and has been unemployed for some time.

2. He has been looking for work, but has none. Proof of filing for and/or collection of unemployment insurance is advisable.

3. Proof of inability to borrow money from:

....(1) Relatives (three) - advisable to have it in writing;

....(2) Friends (three) - also in writing;

....(3) Commercial Lending Institutions (three) - in writing;

....(4) Proof of indigence - cannot sell any non-essential items.

.........Cars (transportation) are essential.

.........Tools of your trade are essential.

If you go to court without an attorney and the Court (Judge) asks if you are ready... it is prudent for you to answer NO, and that you cannot afford an attorney. If asked further, hold your ground. In two recent appellate decisions, it has been ruled that INDIGENTS are entitled to court appointed attorneys, when the outcome of a ruling would result in incarceration (i.e., jail-time). Sometimes the courts can be "tricky" and intimidating in their questions. Hold your ground, but come prepared with WRITTEN evidence.

If you are behind, due to previous unemployment, develop a game plan to repay the arrears. Also go through the same steps of not being able to borrow money or sell non-essentials for cash. Remember, it costs the county over $100 per day to house in civil contempt in the county jail. If you have a game plan to repay the arrears, and can show a common sense reason for the back child support, most courts will not put a father in jail, even if they find him in contempt. If found in contempt, they will usually substitute PROBATION for a period of time, and this will be dependent upon following the game plan adopted by the court on making up the arrears. If probation is violated- its GO TO JAIL, DO NOT PASS GO, DO NOT COLLECT $200!!!

Many of us are experiencing the squeeze of today's economic climate. We live in a society based on money - "you either have it or you don't". HOWEVER, if you married in good faith, worked hard at being a good spouse and parent - then had the courts step in and say "unless you spend ALL you can get on a lawyer to protect your Parental Rights, we are going to take them away from you", it makes it very difficult to be proud of paying all your bills on time WHILE YOU ARE LOSING YOUR CHILD IN THE PROCESS.

Most bill paying processes today are computerized. There are elaborate programs that detail your personal credit activity according to data entries from thousands of possible sources. If errors or misinterpretations are made on those out of ordinary problems (such as Family Court Rulings), the system responds only to those making entries.

The creditors definitely have the upper hand in understanding this system, but you do have some leverage. There are laws that attempt to equalize this situation; Fair Credit Billing Act, Federal Equal Credit Opportunity Act, and the Federal Consumer Credit Protection Agency are a few. These statutory laws and their case law rulings are recorded in the law library. The best way to protect your rights is to FIRST learn what they are.

You can go to any of the Credit Reportingcompanies to obtain a copy of your credit record. You can get an interpretation of it's meaning, AND you can have your reply of any dispute be part of the record. Act quickly and firmly to protect your credit record in these difficult times so you may enjoy the fruits of your labor with your children.

There are various sources of obtaining help (some are free) to formulate a budget and provide assistance to you as an alternative to bankruptcy or other legal action from creditors.

See related link for modifying child support, current and retroactive on arrears.