After the contempt order

[stinastina]

What is the name of your state (only U.S. law)? Georgia

My ex is in arrears $30K. I signed up many years with the state's CP services but they haven't done a thing except accept the payments he sends when he feels like sending them and sends them to my bank account.

This year I decided to file contempt against him. He lives out of state and was served. He did not show up to the contempt hearing and the judge issued a warrant for his arrest. Now he has hired a lawyer and is asking that the arrest be set aside and a new trial for contempt set because I did not add the child support agency to the contempt case. He claims I told the judge he had not made any payments at all, which of course, was not true.

My questions are, should I have added the child support agency to the contempt order ? And what ramifications will that have for the motion to set aside the arrest warrant ? Can I fire the child support people or should I ? Even though they supposedly have resources to help me, in the five years I have been with them, they have done absolutely nothing other than collect voluntary payments. Can I amend my original contempt filing to add them ?

Thank you for your assistance, as always.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Georgia

My ex is in arrears $30K. I signed up many years with the state's CP services but they haven't done a thing except accept the payments he sends when he feels like sending them and sends them to my bank account.

This year I decided to file contempt against him. He lives out of state and was served. He did not show up to the contempt hearing and the judge issued a warrant for his arrest. Now he has hired a lawyer and is asking that the arrest be set aside and a new trial for contempt set because I did not add the child support agency to the contempt case. He claims I told the judge he had not made any payments at all, which of course, was not true.

My questions are, should I have added the child support agency to the contempt order ? And what ramifications will that have for the motion to set aside the arrest warrant ? Can I fire the child support people or should I ? Even though they supposedly have resources to help me, in the five years I have been with them, they have done absolutely nothing other than collect voluntary payments. Can I amend my original contempt filing to add them ?

Thank you for your assistance, as always.

You filed a contempt motion on your own and did NOT notify the CSE of the filing, or the court date?

There is noting wrong with taking steps to enforce your order, but if the CSE is involved in your case they MUST be notified of your legal filings.

Wheteher the Judge will agree with your ex or not is anyone's guess. But, from now on, be sure to notify the CSE.

Since the contempt motion has already been heard, you probably cannot amend it now, and it propabaly won't make any difference this time.

 

[stinastina]

You filed a contempt motion on your own and did NOT notify the CSE of the filing, or the court date?

There is noting wrong with taking steps to enforce your order, but if the CSE is involved in your case they MUST be notified of your legal filings.

Wheteher the Judge will agree with your ex or not is anyone's guess. But, from now on, be sure to notify the CSE.

Since the contempt motion has already been heard, you probably cannot amend it now, and it propabaly won't make any difference this time.

Thank you, Gracie. I appreciate your response.

 

[stinastina]

I have a few more questions.

Will a hearing be set for the motion ? Will I be allowed at the hearing to testify ?

 

[Gracie3787]

I have a few more questions.

Will a hearing be set for the motion ? Will I be allowed at the hearing to testify ?

You are referring to your ex's motion, correct?

Yes, a hearing will be set.
Yes, you should be at the hearing and ask to testify.

 

[stinastina]

Just to update yall, in case in anyone was interested - I did contact the child support agency before the hearing. They said they would let me know if they were going to cancel my account or not. Of course they said absolutely nothing but sent a lawyer to the hearing.

Meanwhile my ex and I worked out a lump sum payment and increased payment plan with his lawyer.

Prior to the hearing, the CS lawyer changed the contempt order so that it was coming from them and not me and they filed the settlement agreement. They said they represented my son but when I asked them about interest they told me I could try to collect it on my own, even though I was entitled to it. I had to insist they include it and the amount in the court documents !

Well all is well now and thank you for your help.

 

[truebluemd]

thanks for the update. Glad to hear its working out