I was recently contacted by the local child support office notifying me that my ex husband will be served with contempt of court due to not paying child support.
I was told I have to be present at this court date. He has only been paying child support for 9 months, and is 6 months behind, owing nearly 2,000$. My main question is what exactly do I need to do at this court hearing? What will happen? Do I need a lawyer? Do I need to bring a statement or any other information? Is it likely he will go to jail? He is currently unemployed, how will that effect things? Can he try to push for split custody at this hearing? I have never been through this, so I am at a total loss, any information would be appreciated. Thanks.
I would suggest contacting the child support office. These are all good questions and the attorney with the local child support office can better explain why they need you to attend.
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The child support office represents your child's right of monetary support. They are anticipating a hearing and you may have to testify, although it sounds like they have the evidence they need.
This hearing will only be about child support, unless the father makes motion for a change in parenting time (I'm only guessing that is what you mean by split custody). Most parents have joint custody of the child and as of July the law assumes a 50/50 parenting schedule. On cases prior to that, a party would have to make motion to change the schedule. If only child support is being addressed, you won't need an attorney.
Your ex could go to jail, but the intent is for him to pay child support. Unemployment is not a valid excuse to not support a child. You don't need to worry about this, as it will be decided by the prosecutor and the Court.
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