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anm0423
04-18-2007, 05:04 PM
Does anyone have any information or experience regarding summons to the court for child support? My fiance has fallen behind on his order, around 3K as he was layed off of work for most of last year (his W-2 shows annual pay for less than 3K for the entire year). Needless to say, his balance just hit 4K, so the summons to court was issued (was told at 5K it is considered a felony and a warrant for arrest will be issued). He immediately called his case worker as he had just started a job, and told her. She demanded 300 and something dollars in order for him to "get out of court" free. We scraped and scraped what we could from savings, etc. and got the money hoping for this to be done with, as we expected this job to last throughout the year. He has been paying the order, and has it down to 3K now. Although, they are saying he still has to appear in court every month. Well, his job layed him off again and we are awaiting a new job to start. If he has to attend court, he will possibly risk being fired as he will be missing work within the first week. His caseworker basically demanded this as "tough" for him, she didn't care. I don't know what they will expect him to do at court. Will they try and arrest him for non-payment? If they demand money up front, it isn't happening. It is just simple county court on a weekday, where they go through the lines of people for traffic offenses and what not. What is the procedure for this?

Thanks.

xena
04-18-2007, 06:07 PM
Does anyone have any information or experience regarding summons to the court for child support? My fiance has fallen behind on his order, around 3K as he was layed off of work for most of last year (his W-2 shows annual pay for less than 3K for the entire year). Needless to say, his balance just hit 4K, so the summons to court was issued (was told at 5K it is considered a felony and a warrant for arrest will be issued). He immediately called his case worker as he had just started a job, and told her. She demanded 300 and something dollars in order for him to "get out of court" free. We scraped and scraped what we could from savings, etc. and got the money hoping for this to be done with, as we expected this job to last throughout the year. He has been paying the order, and has it down to 3K now. Although, they are saying he still has to appear in court every month. Well, his job layed him off again and we are awaiting a new job to start. If he has to attend court, he will possibly risk being fired as he will be missing work within the first week. His caseworker basically demanded this as "tough" for him, she didn't care. I don't know what they will expect him to do at court. Will they try and arrest him for non-payment? If they demand money up front, it isn't happening. It is just simple county court on a weekday, where they go through the lines of people for traffic offenses and what not. What is the procedure for this?

Thanks.

He needs to take EVERYTHING he can into court showing that he was laid off several times AND a copy of ALL payments made. He also needs to take copies of ALL written communications he's had with his caseworker. He also needs to have an idea of what kind of payments he can make toward arrears in addition to on-going support.

If he does all these things, the Judge will be far more likely to not find him in contempt.

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