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  1. #1

    Default Arrearages and Contempt of Court

    This is a post about ILLINOIS law.

    What can be expected in a contempt of court hearing? My husband was just served with papers ordering him to appear in court for a contempt of court hearing, for arrearages in child support. He hadnt paid because until about 2 months ago he was unaware that the order for child support existed. He was found the father by default, due to notification of court dates being sent to our previous address. We are attempting to file a motion/petition to reverse the default judgement of paternity until a DNA test can be ordered. However it is slow going because we cannot afford an attorney. Now the state is ordering him to respond to the contempt charge and is asking the judge to arrest him and set his bond at the amount of the arrearage. I realise that if arrested, we will have to pay to get him out, but what I am asking is this--WHAT IS THE LIKELY TO HAPPEN AT THIS HEARING? Is it a given that he will be arrested, like the hearing is a technicality for what is definetely going to happen? Or will they actually hear evidence about his not knowing about the order, and rule based on that?

    Any advice about getting a DNA test ordered or 'beating' the arrest at this hearing?

    We are not asking for help being a deadbeat dad, as he would pay if it was his child. He has always questioned the fact, and wants a DNA test to prove it.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Arrearages and Contempt of Court

    Quote Quoting hornschwaggled
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    This is a post about ILLINOIS law.

    What can be expected in a contempt of court hearing? My husband was just served with papers ordering him to appear in court for a contempt of court hearing, for arrearages in child support. He hadnt paid because until about 2 months ago he was unaware that the order for child support existed. He was found the father by default, due to notification of court dates being sent to our previous address. We are attempting to file a motion/petition to reverse the default judgement of paternity until a DNA test can be ordered. However it is slow going because we cannot afford an attorney. Now the state is ordering him to respond to the contempt charge and is asking the judge to arrest him and set his bond at the amount of the arrearage. I realise that if arrested, we will have to pay to get him out, but what I am asking is this--WHAT IS THE LIKELY TO HAPPEN AT THIS HEARING? Is it a given that he will be arrested, like the hearing is a technicality for what is definetely going to happen? Or will they actually hear evidence about his not knowing about the order, and rule based on that?

    Any advice about getting a DNA test ordered or 'beating' the arrest at this hearing?

    We are not asking for help being a deadbeat dad, as he would pay if it was his child. He has always questioned the fact, and wants a DNA test to prove it.
    He will need to appear at the hearing and bring proof that he has filed for relief and the reasons that he has filed.

    When did he learn of the order?
    Did he file for relief as soon as he learned of the order?

    He really should either hire an attorney, or get a consult with one beforer going to this contempt hearing.

  3. #3
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Arrearages and Contempt of Court

    Quote Quoting Xena
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    He will need to appear at the hearing and bring proof that he has filed for relief and the reasons that he has filed.

    When did he learn of the order?
    Did he file for relief as soon as he learned of the order?

    He really should either hire an attorney, or get a consult with one beforer going to this contempt hearing.
    Xena...Read her posting history. It will explain a lot.

    Hornschwaggled you need to keep all questions for this matter on ONE thread. By starting multiple thread the members that respond either have to search you posting history or will respond without all the facts.

  4. #4

    Default Re: Arrearages and Contempt of Court

    Quote Quoting Baystategirl
    View Post
    Xena...Read her posting history. It will explain a lot.

    Hornschwaggled you need to keep all questions for this matter on ONE thread. By starting multiple thread the members that respond either have to search you posting history or will respond without all the facts.
    Thank you. I appreciate the advice. I had origionally posted this in the a\paternity forum before realising that there was a child support forum.

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