What to Expect at a Show Cause Hearing

[WhatGoesAround89]

My question involves child support in the State of: OH

Going to court in December for Motion to show Cause because Ex has not paid a dime of Court Ordered child support since the order was instated in September 2007. Ex is willfully unemployed, lives with parents, has no bills, no responsibility for anything. Ex's license has already been suspended due to non-payment.

When we go to court, will the Ex have to explain to the court why he hasn't followed the support order? I know all situations are different, but what powers does the judge have and what actions could be taken against the Ex?

There is no reason (physically, medically, etc) why the Ex can not work, just doesn't want to and feels that since his mommy/daddy buy the kiddo school clothes, that his obligations are filled.

Thank you in advance for any input!!

[Mr. Knowitall]

The judge is very likely to ask, "Why haven't you paid support" - after all, the purpose of a show cause hearing is for the subject to show cause why he's not in compliance with the court's order.

[WhatGoesAround89]

I'm fully aware that the Ex will have to explain why payments are not being made and I'm confident that he will try to make every excuse in the book as to why. So, once that is out of the way, what actions might the judge take against the Ex?

Make him pat "X" amount of $$ before leaving that day? Give him "X" number of days to pay something?

I'm sure judges can order what ever they want, and hopefully they see through the BS that's surely going to be tossed out by the EX....

Thank you.

[distressedmom]

I am not an attorney, but I am not sure a court will be able to order someone to work who is unwilling. It would be nice if they could. I also don't know if there are grounds for locking him up. Do you have an attorney? If so, what has the attorney told you?

I can appreciate how frustrating your situation is. I don't get a dime of support either.

[ANERA]

One way to make him responsible...leave the child with him

[WhatGoesAround89]

I agree 100% with you ANERA. BUT, the Ex still lives with mommy/daddy (at age 34) and his parents would pick up the slack and not make him responsible....great parenting...guess I know where it comes from.

Guess we'll just have to wait for court in December...hopefully the judge will see through the BS and finally nail him to the wall.....

Thanks

[WhatGoesAround89]

Nope, nothing involuntary. Blames not being able to find a job on the fact that driver's license was suspended.....um, due to not paying support. Other than that, just lazy.......

Thanks for all the input!

[kinoman2008]

Unless he feels he is facing jail time an attorney might better his chances of not going to jail and maybe think of 'creative' ways for his client (your ex) to get out of his mess.

[WhatGoesAround89]

Thanks kinoman....I'm just trying to think outside the box here. Is there any circumstance in which the arrears will/can be "forgiven" by the courts?

I'm sure the attorney is advising Ex to make payments before the court date....which explains why $$ is now being paid after NOTHING since 2007......I wouldn't think that would look to good though in the court's eyes, especially since the only reason Ex is paying is because of the court date. Blew off the court order for 2 + years, but now is able to pay....hmmmmm

Thanks again