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positivehead · Aug 5, 2010, 06:05 PM

I have an upcoming contempt hearing against my ex husband who owes just shy of $14k in back child support and medical/insurance support - an action initiated by me. The week before, he has a judgement debtor exam initiated by the DCSS because he has failed to follow the court ordered job search. What are important things for me to say to the Court during the contempt hearing? I know to ask for filing and service fees - do I ask for a significant portion of the owed amount to be paid immediately? Or does the Court do that? Do I ask for a review/follow up hearing to ensure that he is complying with the order going forward? Or will the Court automatically do that, too? He's already had his driver's license suspended but he is still driving. He's also had his state contractor's license suspended but he is still working under the table. Any ideas or suggestions you can offer would be appreciated. Thanks!

Fr_Chuck · Aug 5, 2010, 06:12 PM

You need to see if he has provided bank records, proof of how he is paying his rent, his car payments and more.

You need to present proof he is actually working ( under the table)

If you can prove where or if he has a large amount of money somewhere proof of that also

cdad · Aug 5, 2010, 06:26 PM

So let me make sure Im getting this correct. DCSS was handling your case and now your doing it yourself?

positivehead · Aug 5, 2010, 06:31 PM

Well, they are "handling" it, but haven't done very much with it. I'm a little frustrated with the who process. He goes before the Court and SAYS he's working "handyman" jobs - but he hasn't paid and nothing's happening. He says his elderly mother is paying all of his bills for him - he's in his 50s! DCSS does not pursue arrearages for insurance/medical reimbursement - I have to do that - so I also lumped in the child support arrearages on the contempt paperwork. He's laughing all the way and doing NOTHING to support his kids. :( He doesn't even see our son anymore. :(

positivehead · Aug 5, 2010, 06:35 PM

I guess what's most frustrating to me is that he is clearly working the system. He'll drive himself to Court on both dates even though his license is suspended. He has not had gainful employment in 3 years and he's a union member. I'm pretty savvy, but even *I* don't completely understand the intricacies of the legal system. Things don't always go like you think they should. My next profession is as a lawyer!

cdad · Aug 5, 2010, 06:38 PM

Originally Posted by positivehead

Well, they are "handling" it, but haven't done very much with it. I'm a little frustrated with the who process. He goes before the Court and SAYS he's working "handyman" jobs - but he hasn't paid and nothing's happening. He says his elderly mother is paying all of his bills for him - he's in his 50s! DCSS does not pursue arrearages for insurance/medical reimbursement - I have to do that - so I also lumped in the child support arrearages on the contempt paperwork. He's laughing all the way and doing NOTHING to support his kids. :( He doesn't even see our son anymore. :(

Im sorry for your situation. But since you have lumped together things like you have you may have created a mess for yourself. When you signed onto DCSS to handle your case they did a lot of things for you and on your behalf. Since you have decided to lump things you could jepordize that and there is no reason for them to continue. There are no such thing as medical arrears. Also if he is suppose to be supplying medical insurance then that is what is suppose to be happening. If your wanting to collect for expenses then there are rules that should have been followed and your going to have to bring all that into court with you.

positivehead · Aug 5, 2010, 06:46 PM

Thanks for your responses. I hear what you're saying about DCSS and certainly hope that does not happen. Serving him was difficult at best and my hope was to lump it all together. It's a significant amount of money at this point. In my case, there are unreimbursed medical expenses from the past year for which I have paid out of pocket after the insurance has paid their portion. It is my understanding that he should be sharing those expenses with me. It was the DA who told me I could initiate efforts to do so. He is also supposed to be sharing 1/2 the cost of insurance premiums - all of which I am currently paying. I've been following all of the rules for collecting those expenses and have that information well documented for Court.