Evidence Needed to Defend Against a Child Support Contempt Hearing
If you fall behind on your child support, you may be served with an order to show cause for your contempt. By contempt, I mean your failure to comply with the terms of the child support order that is in effect. When the court is making the determination as to whether or not you are to be held in contempt, the court looks to see if your non-compliance with the child support order was willful.
For example, did you have the means to make the ordered payments and refuse to do so anyway? Were you terminated from your job for failing a drug test and are now making less money and not making your monthly child support payments?
The types of evidence that you will need to bring to court to defend yourself can vary on a case by case basis but here are a few items that could be applicable to your situation.
Have you recently been let go from your job due to the COVID-19 pandemic? If so, be sure to provide a letter of termination from your prior employer stating that you were laid off due to the COVID-19 pandemic and for no fault of your own. Upon your termination, it is extremely important to file a motion to modify your monthly child support obligation based on the substantial change in your financial circumstances.
Other helpful evidence would be providing proof that you have applied for unemployment and are continuing to seek additional employment opportunities during this period of unemployment. This proof can be as simple as providing proof of applying for jobs online at traditional job search websites such as Indeed.com and Monster.com and shows that you are making the effort to put yourself in a position to be able to meet your monthly child support obligation.
DISABILITY OR MEDICAL CONDITION PREVENTING EMPLOYMENT?
Are you out of work due to a disability or current medical condition? If so, be sure to bring a note from your medical provider or medical records showing your disability and doctor’s recommendation that you should not be working. If you have applied for disability be sure to bring proof so that you can show the court.
These are just a few types of evidence that would help your case if you are brought to court for non-payment of child support.
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