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Asked in New York, NY Mar. 21, 2020 ,  3 answers Visitors: 44
What if my lawyer doesn't show up to my family court violation hearing?

3 Answers

Anonymous
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Posted on / Mar. 22, 2020 11:40:14

Courts are closed and your case will be adjourned. You should stay home. You don't want to catch this pox with its raging headaches and difficulty breathing.

Anonymous
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Posted on / Mar. 22, 2020 00:02:44

It seems like you have two questions: The first related to the COVID-19 crisis, and the second related to child support contempt law generally. In other words, the first thing you want to know is what happens if you don't show up right now; and the second thing you want to know is what is going to happen when you eventually do have to go forward with your hearing.

I'll do my best to answer both.

In answer to your first question, your husband's case is likely to be reset without him present due to court closures related to the pandemic. Typically, failure to appear for a contempt hearing is likely to result in a warrant issued for arrest. But in these turbulent times courts are showing a great deal of leniency and sensibility. Having said that, the only way to know for sure is to contact your local courts. Start with your county clerk's office. The clerks will know whether your appearance is required at this time or not.

In answer to your second question, it sounds like your husband has a good defense to child support contempt. It's important to remember that a finding of contempt requires a finding of willful refusal to pay. If you have documented proof of your husband's work/ financial issues, a court is likely to find that your husband's failure to pay has not been willful. Additionally, court's should only punish contempt by ordering a purge consistent with your husband's "present ability to pay." It sounds like your husband has no present ability to make payments due to ongoing issues.

Here are a few tips to help you as you move forward:

1.) Pay as much as you can, whenever you can. If you can afford to pay a dollar, then pay it. If you can pay more, then pay more. Client's often pay nothing simply because they can't pay the full amount. That's always a bad idea. Remember, contempt is essentially about having done the best you can; so pay what you can, even if it's a small amount.

2.) Document everything. Make sure to gather documentary evidence of all of your hardships. There's typically a burden of proof placed upon the defendant in a contempt hearing. This documentary evidence will help your lawyer overcome this burden.

3.) Get the child's mother on your side. Judges take a big cue from the child's mother in cases like these. Keep the peace with her, and let her know why child support payments are slow before you get to the hearing. See if you can work something out so that you have her support when the time comes for the Judge to make a decision.

4.) Request a modification. Child support orders are not set in stone, and can often be reduced due to financial troubles/ loss of employment. Make a formal request for a lower payment.

5.) Increase your parenting time. Child support is often a function of two variable: The money you make, and the amount of parenting time you exercise. Consider increasing your parenting time, and then request a modification on that basis.

6.) Consider Bankruptcy. This is a difficult step, and you should not file for bankruptcy without the advice of a good bankruptcy lawyer. But you should realize that child support is just as important as any other bill you have, not to mention that arrears can become a sizable debt - often subject to statutory interest. If you can't afford your child support after requesting a modification, it might be time to see if Bankruptcy can help you manage your debts as a whole. A bankruptcy will result in a stay of your contempt proceedings.

7.) Hire a good lawyer who frequently handles child support contempt. It sounds like you've already got a lawyer, but like your husband still feels unheard in court. If that continues, you may need to hire someone who effectively advocates your husband's position.

I hope that helps. Feel free to post follow-up questions and I'll do my best to answer.

Anonymous
Reply

Posted on / Mar. 21, 2020 18:17:04

The governor issued a Stay-In-Home order starting Sunday Evening. 90% of courts are closed. Most likely court date will be adjourned. You need to check the ecourts to see if the court has already updated the date. If you like, you can email an attorney, like myself and drop your contact info and someone in my office can follow up with you regarding your court date. You may also check it yourself online or by calling the Carona Virus hotline Number located on the court website. I would presume you will not be arrested for not showing up. Get in touch with the other party and try to come to an agreement over the phone, am sure they wouldn;t want to come and get infected as well.

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