PDA

View Full Version : Show Cause Hearing North Carolina


ShakinThingzUp
12-06-2007, 10:56 AM
I think I know what to expect, but would like to hear more experienced opinions....

My exes child support has been steady for about 4 years - not always on time, but it always got to me eventually. It's never been modified from the original agreed upon amount - he did try once, and my attorney convinced him it was futile and he dropped it.

This past August he lost his job (long story, he was a cop, he misbehaved & was asked to resign or be fired - he resigned). Since then, there has been no child support.

Child Support Enforcement is in the process of filing for a hearing for him to show cause. He's now $1600 behind.

I'm expecting that they will order the arrearage to be paid in small payments, like $50 a month or something... and payments to resume...

But, I'm also expecting him to say that he is still unemployed (I think he's working under the table).

Should I prepare myself for the judge to give him more time to get a job and not order payments right away, or will they order him to at least start paying SOMETHING now???

CSE is handling it.... I don't feel I need an attorney at this point, but I want to be prepared for the worst... and not be blind-sided.

Thanks for any input.
God Bless!
Amy

xena
12-06-2007, 02:44 PM
I think I know what to expect, but would like to hear more experienced opinions....

My exes child support has been steady for about 4 years - not always on time, but it always got to me eventually. It's never been modified from the original agreed upon amount - he did try once, and my attorney convinced him it was futile and he dropped it.

This past August he lost his job (long story, he was a cop, he misbehaved & was asked to resign or be fired - he resigned). Since then, there has been no child support.

Child Support Enforcement is in the process of filing for a hearing for him to show cause. He's now $1600 behind.

I'm expecting that they will order the arrearage to be paid in small payments, like $50 a month or something... and payments to resume...

But, I'm also expecting him to say that he is still unemployed (I think he's working under the table).

Should I prepare myself for the judge to give him more time to get a job and not order payments right away, or will they order him to at least start paying SOMETHING now???

CSE is handling it.... I don't feel I need an attorney at this point, but I want to be prepared for the worst... and not be blind-sided.

Thanks for any input.
God Bless!
Amy

Since your ex's loss of income was basically voluntary, the Judge *should* order payments beginning immediatly. However, some Judges will be very lenient with a NCP. Hopefully this particular Judge will order a purge immediatly, or jail time and then resume payments even though ex is unemployed. Basically the court is supposed to look at it that he should be making some effort to pay, even if it's only $10 per week, it would be showing good faith. When a NCP makes no effort to pay anything is when the Judge is more likely to not be so lienient.

The best thing to do is expect the worst, hope for the best and not stress over the outcome whichever way it goes.

ShakinThingzUp
12-07-2007, 05:23 AM
:)
I guess word reached him that I was about to file....... he paid $1000 of the $1600 all at once yesterday!!

Thank the Lord....... I really didn't want things to get nasty!

And, just in time for Christmas!!! I'm literally sitting here in shock this morning, after reading the account status online...

Thanks for your response Xena!

God Bless!
Amy

mom26
12-07-2007, 06:41 AM
Good for you.... I'm glad dad realized that he needed to pay up...

xena
12-08-2007, 01:19 PM
:)
I guess word reached him that I was about to file....... he paid $1000 of the $1600 all at once yesterday!!

Thank the Lord....... I really didn't want things to get nasty!

And, just in time for Christmas!!! I'm literally sitting here in shock this morning, after reading the account status online...

Thanks for your response Xena!

God Bless!
Amy

That's wonderful, hopefully now he will continue to pay. I'm sure your holidays will be much better now.

ShakinThingzUp
12-09-2007, 08:59 AM
I don't expect that he will continue to pay regularly yet.... as I am almost certain he is still unemployed.... I believe is just doing some side work "under the table" and probably got a loan from his inlaws.

I am grateful that he paid what he did, when he did... Even though there remains an outstanding balance, I am not concerned about him getting it current until after the holidays... January sometime... because he has two more kids & I'm sure he's struggling too. It had just reached the point where it was too much before.

So, we'll enjoy the holidays & put everything on hold to see what happens until mid-January... then, it all depends on whether he's found "gainful" employment again...

I wish the same good news for all the other parents on here struggling!

God Bless!
Amy

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements