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  1. #1

    Default What to Expect at a Show Cause Hearing

    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!!

  2. #2
    Join Date
    Sep 2005
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    Default Re: What to Expect

    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.

  3. #3

    Default Re: What to Expect

    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.

  4. #4
    Join Date
    May 2008
    Posts
    582

    Default Re: What to Expect

    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.

  5. #5

    Default Re: What to Expect

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

  6. #6

    Default Re: What to Expect

    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

  7. #7
    Join Date
    Aug 2009
    Posts
    11

    Default Re: What to Expect

    Another option the Judge could I believe do is issue a court ordered job search where he has to prove he's looking for job. Court Ordered job placement through the county you live in may be an option for the Judge as well.



    I'm not an attorney, but have been looking down a 'smoking barrel' myself.

  8. #8

    Default Re: What to Expect at a Show Cause Hearing

    Thanks for the responses!

    Another question, based on new information.....what purpose would an attorney serve for the Ex (NCP) who hasn't been paying on the court order? Is there anything the attorney can do to have arrears erased or "cover" for when Ex hasn't been paying??? Show Cause hearing in a few months....

    Thanks

  9. #9
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: What to Expect at a Show Cause Hearing

    Quote Quoting WhatGoesAround89
    View Post
    Thanks for the responses!

    Another question, based on new information.....what purpose would an attorney serve for the Ex (NCP) who hasn't been paying on the court order? Is there anything the attorney can do to have arrears erased or "cover" for when Ex hasn't been paying??? Show Cause hearing in a few months....

    Thanks
    Unless there is proof that the NCP hasn't paid due to something involuntary, an attorney isn't going to be able to do much for the NCP.

  10. #10

    Default Re: What to Expect at a Show Cause Hearing

    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!

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