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zlsneed · Jun 14, 2011, 07:49 AM

My ex or judicial courts has rehased a old child support contempt papers I was unemployed for 2 1/2 years however recently employed and have been paying child support current and payments on the arrears are being automatically withhold from my check. How do I answer this contempt. This contempt has been filed in the city were the mother lives not myself.

JudyKayTee · Jun 14, 2011, 09:08 AM

Jurisdiction is where the child lives which presumably is where the mother lives. That's why it's not in your County.

Were you in contempt when it came to paying child support? You were if you didn't pay as ordered. Did you go to Court, explain the situation and get the support payment amount reduced OR did you (simply) not pay?

I've never seen - I'm in NY - a request that the contempt papers be answered. The usual process is to appear and "discuss" the matter with the Judge.

Inability to pay, unfortunately, is not a defense.

AK lawyer · Jun 14, 2011, 12:30 PM

Originally Posted by zlsneed

My ex or judicial courts has rehased a old child support contempt papers. ...

Can you rephrase this please? The sentence doesn't quite make sense as written.

What is "rehased"?

What are the titles of the documents you refer to as "contempt papers"? A motion to show cause? An order to show cause? Or what? If the papers include an order, is the order signed by a judge?

Was this recently served on you?

JudyKayTee · Jun 14, 2011, 01:47 PM

I was thinking rehashed as in... well, maybe, suddenly the Court decided to act on the papers.

AK lawyer · Jun 14, 2011, 07:29 PM

Originally Posted by JudyKayTee

I was thinking rehashed as in ... well, maybe, suddenly the Court decided to act on the papers.

Perhaps.

But it would be a wild guess to assume what the papers were, what the court did back then, and what the court is doing now.

zlsneed · Jun 16, 2011, 03:15 AM

The motion for contempt received this month is from December 2010. I just began to work in November 2010. Unemployed 2 1/2 years. I have been paying child support since and payment towards arrears. I have not ignored however attempted to explain to mother of my child and lawyer to no avail. I need to answer the motion in 30 days hopefully by mail, not trying to ignore or not do what I can.

zlsneed · Jun 16, 2011, 03:21 AM

Re do, re submit. The motion for contempt was filed in December 2010. Summons was served June 2011 with a copy of the motion for contempt, requesting a answer in 30 days to file with clerk of said court and serve upon the plaintiff's attorney.

zlsneed · Jun 16, 2011, 03:24 AM

Okay rehashed incorrect spelling(sorry) however I am receiving this summons for a answer in June 2011 and the motion was filed in December 2010.

zlsneed · Jun 16, 2011, 03:30 AM

I received a summons June 2011 to answer/file with clerk of court and serve answer to attorneywithin 30 days for papers filed in December 2010 for motion for contempt. Child support is being payroll deducted along with payment for arrears since November 2010. Note unemployed 2 1/2 years

ScottGem · Jun 16, 2011, 03:31 AM

First when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Second, ANY question on law needs to include your general locale as laws vary by area.

What bother me here is that you say your payments are being withheld from your check, including the arrears. That says to me that someone had to issue an order to garnish your wages. So pursuing the contempt citation makes little sense.

However, if you ignored the existing court orders and did not pay or ask for a modification, the court might be inclined to pursue it.

So you answer the contempt citation by stating (and proving) you were out of work and that's why you stopped paying, but now that you have gone back to work you are resuming payments including paying up the arrears. Apologize to the court for not filing a motion to for modification.

zlsneed · Jun 16, 2011, 03:33 AM

I am not looking for an excuse for I know I am trying to do the right thing. Just seeking feedback for correct answer

zlsneed · Jun 16, 2011, 03:35 AM

No defense is being given just seeking possitive feedback for answer to summons

JudyKayTee · Jun 16, 2011, 05:04 AM

Unless you answer the questions you were asked it is IMPOSSIBLE to answer your question.

"We" have no idea what you are describing, asking about.

AK lawyer · Jun 16, 2011, 05:33 AM

Originally Posted by zlsneed

i received a summons June 2011 to answer/file with clerk of court and serve answer to attorneywithin 30 days for papers filed in December 2010 for motion for contempt. child support is being payroll deducted along with payment for arrears since November 2010. Note unemployed 2 1/2 years

Ok. Now it makes sense.

Apparently someone, the custodial parent's lawyer, or the court, dropped the ball, or, in any event, failed to serve you with the papers a year and a half ago.

As ScottGem says, simply file an opposition to the motion, informing the court that the motion is now moot, and saying all that other stuff. The motion should then be denied.

And yes, you can do all of this by mailing to the clerk of court, with copies mailed to the other party's attorney. File proof of service when you mail to the court.