What goes on at a Show Cause hearing?

BentoMinion

This is my second Show Cause hearing. My first one never made it past the lobby because my ex never showed up. He was behind $1000 back then (court ordered $33 in child support because he is "self employed" but never files taxes because he "only makes 800 a month". Which really means he does web design off the books and lives with Mama, so he feels no need to work. I know it sounds mean of me, but that is why we divorced. His place of work closed down and he decided he would "freelance" and never work again. Also because he was "working to much" he could not watch the kids so I could work. The times I forced the issue I came home to 2 little boys in poopy diapers, them having sippy cups of milk and only cheerios to eat. This is even when I made lunches and put them in the fridge before I left. Once I came home to my 18 month old with a knife because he was playing on the counter. See the issue?

Anyway, sounds like we don't get along, but we do now that we are divorced.

My ex is now up to 3500 in back support (since I got him to agree to 300 a month total since I pay out of pocket for our autistic sons sensory items and sensory therapy). The state actually tried to lower it back to $33 dollars because that is all they would have him pay according to their equations. Nice...

So, assuming my ex shows up like he says, what goes on? I am not gonna lie, I would love for him to go to jail. He rarely sees the kids (messes with our autistic son) so they would not notice, and maybe he would actually bother to work for fear of going back. Last time he did not go, got a bench warrant, and paid $600 in child support... then has not paid any again for over a year.

Although he paypaled me $100 9 months ago even though I told him to send it through the court or I would not count it (FOC said I do not have to count it if he refuses to pay through them). So I didn't... and he continues to try to just paypal me money. I refuse it anymore. He needs to do it the right way. 

Does the judge just ask my ex why he has not paid? Are they gonna try to lower his support? Are they just gonna laugh it off because it is $3500? Will they try to tell him to actually work on the books?

sweetie0228

This sounds similar to Rule Court in PA.

I've been many times.

Usually what happens in my state, the lawyers run around (state's domestic relations lawyers) to both Payor and Payee, and try to get an "agreement"  usually it's the Payor who has fallen behind in support pleads guilty to willful contempt of court orders, and then arranges a "good faith" payment to be made that day or the next.  Then the payor is sentanced to probation, which is different from civil probation, this one he must make a full payment every month for a year or will be immediately taken to jail until the purge amount is paid or 6 months.

The purge amount is not the entire arrearage it is the arrearage accrude during the probation so if he's say misses 1.5 payments durning probation (even if he has a $10K unpaid balance) he only has to make that 1.5 payment to get out of jail.

Now, if no agreement is made before the judge comes in, then you wait until the end and the judge will decide if the payor is in willful contempt and will rule as such and will either be carted off to jail then and there or will be given the aformentioned probation.

The only changes to CS that may happen is that he will be reqired to pay an arrears payment monthly on top of the CS.  So using your numbers, if he is ordered to pay $300 a month, then will be ordered to pay $350 a month $300 going to current support and $50 going to pay off the arrearage and catch him up.

They will not laugh it off, They will not renegociate your CS amounts.  Depending on the Judge he/she may make a statement about supporting the children, paying thorugh appropriate channels and getting a proper job.  Some have on top of probation also sentanced them to a job training/counseling center to get appropriate employment.

DO NOT bring up anything about visitation or custody time or lack there of UNLESS the judge asks or you need to correct any statements.

DO NOT talk directly to your ex ONLY to the judge or the lawyers.

DO NOT talk unless spoken to

ALWAYS refer to the judge as your honor.

Dress appropriately for court.  NO JEANS, T-Shirts, or casual wear.  Try to look like a lawyer.

Bring all of your documentation or any proof that he's working under the table.

Bring a notebook and pen and take notes

BE EARLY ON TIME IS LATE

edit to add

Only refer to the children as "OUR children"  do not say polarizing things like my children..."OUR children deserve to have a supportive and loving stable home.  I can't make him be a loving, involved father, but the court, your honor, can make him be a fininanically responsibile father."

 

BentoMinion

THANK YOU!!!!

Yes, I made sure to dress nice (slacks and a nice shirt and nice shoes) for all the divorce meetings (we did it without lawyers) and the last Show Cause hearing. I admit it will be a little harder ATM since I am 7 weeks pregnant. None the less, I will look nice.

I was wondering if the would ask about visitation and what not. I had no plans on bringing it up, but if they were going to, I wanted to make sure to have the paperwork for what it is and my papers listing when he has seen the kids in the last year. Like I said, he gets along with me, but my ex will lie to get himself out of a hole or looking bad. 

I have no proof he is working under the table. He makes comments in emails about waiting for a client to pay him, but that is it. He has a paypal acct (how he is paid) and I do not know the password to it. I doubt he will bring that info with him. 

I totally agree with the being early! I know they schedule a bunch of people and you check in. Then they take you in the order that you check in and both parties are there. I try to get there 1/2 hour to 20 minutes early. Basically once they allow check ins. Plus, I have class that day at 2pm. The hearing is at 11:15am. So I need to be one of the first people so I can make it to class on time. Although my Prof was already made aware of the situation. 

You know, any child support a month would be nice. I love my SO and am grateful that he accepts the boys as his and never gripes when we need to buy things for my eldest of we change the way we eat to help out #2 who has severe acid reflux. 

Thank you so much for letting me know what all goes on. I hope he decides to show. He lives only about 45 minutes away, but he does not drive either... No license. So his mother brings him to everything. 

Hudson_Hawk

There was a similar hearing on the docket right before my divorce case came up in January. The father owed over $17k in CS and had been in arrears for YEARS. He didn't go to jail. Your ex likely wont go to jail.

Some of the questions raised by the mother's attorney were around what he did for a living-how he was paid/did he file taxes, what sort of education he had, what happened with his past job, whether he had a car, whether he was a smoker, what his plans were for the future, etc. The smoking and car question were posed because if he could afford to buy cigarettes then he could afford CS. If he wasn't working, then why did he need the car, that money could go towards CS, etc etc etc. The guy got a lecture from the judge about education, that if he couldn't work the job he was working then he needed to go back to school. If he could only get a minimum paying job because he didn't graduate HS then he should get a GED. She basically pointed out that he was unemployed/underemployed willfully. So those are the kinds of things I'd want to have evidence of during the appearance. Save all of the emails where he implies that he's working/waiting on payment, note if he's a smoker, any time you see that he's got new stuff, note it. Etc etc etc. It sucks that you have to do this kind of dirty digging, but it is what it is....

 

simplaw215

Do the actual papers explain what you or your ex need to "show cause" for?  A show cause hearing is a general term for where the judge requires one or more parties to come before the court and provide a reason why a certain action should or should not happen.  For example, a judge could order a show cause hearing if there is a possibility that the court may not have jurisdiction over a claim.  During the hearing, the party asserting the claim would need to "show cause" why it should not be dismissed and if they fail to satisfy that burden, the court would dismiss the action.

In your context, the court may be ordering ex to show cause why he should not face some adverse action for failing to pay or show cause for why he is not working and paying more?  Those are pure guesses without actually knowing anything about your situation.  The papers you received from the court should give you a better idea of what the court will be determining at the hearing.  Hope this helps!

BentoMinion

He does not drive or have a car. No smoking. He does very little other than live with his mom and play on the computer. Err... I mean work.

The hearing is a Show Cause on why he does not pay his child support. That is what it is for. Neither of us have lawyers, so none are involved.

I doubt jail too, but our area seems to have mixed reactions from the judges on parents who do not pay child support. I am told they would actually do more if we were on assistance (kinda sad). Sorry, but IMHO that should make no difference. If the state is not covering the "difference" with any sort of aid then it is coming somewhere. In my case it is my SO. Which it really isn't fair that a man can pay for everything for a child that is not biologically his, have no rights to the child, yet another adult can pay nothing to support the child (Or understand their diagnosis, one child is special needs) and have rights. You know?

Ok, I feel better getting that out. Now I can be nice to my ex. *sighs*