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How to defend show cause for contempt hearing for failure to pay child support

Discussion in 'Child Support' started by Countrygurl898, Aug 24, 2021.

  1. Countrygurl898

    Countrygurl898 Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    This order was entered on default based on presumed income, however defendant has no income and no ability to pay. Also, court entered default child support against defendant for not complying with a dna test on a child, yet court continues to say that child has no known father.
     
  2. army judge

    army judge Super Moderator

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    The child support meter keeps ticking even if the parent is flat broke, unemployed, in prison, hiding in a secret location, sitting in a castle somewhere in France, living in a tent on a mountaintop, in the navy, sailing on a yacht, etc...

    The parent might not pay, but the child support collectors will pursue said parent even if she/he dies.

    They'll confiscate lottery winnings, tax refunds, paychecks, whatever funds might come her/his way.

    If the debt isn't paid, it just keeps growing, along with fees, interests, etc...

    If the purported Poppa wants to get the child support collectors off his back and out of his pocket, why not take the damn DNA test?

    If dude ain't the pappy, once its proven he'll be very happy!!!
     
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  3. Zigner

    Zigner Well-Known Member

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    Why can't your BF ask his own questions?
     
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  4. zddoodah

    zddoodah Well-Known Member

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    Huh?

    In the subject header of your post, you indicate that "this order" is an order to show cause ("OSC") why the defendant shouldn't be held in contempt for failing to pay child support. That means there must be an order that obligates the defendant to pay child support. The child support order might be "based on presumed income," but the OSC could only be based on the failure to comply with the child support order.

    Then why didn't the defendant offer evidence of his/her lack of income and alleged inability to pay at the time the child support order was entered? Why does the defendant have no income or ability to pay?

    Ummm...ok. Sounds like the defendant needs to start showing up for court and stop ignoring these legal proceedings.
     
  5. justblue

    justblue Well-Known Member

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    How did you get the information on this case? Did you read the court papers or did the father tell you his tail of woe? When was this court order placed?
     
  6. leslie82

    leslie82 Well-Known Member

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    When I got divorced, my lawyer was going to file CS for the minimum $50 a month since my ex had no income/no job. But he basically said f* that and he figured out a min wage 40 hour work week - which isn't much more than the minimum a month.

    You don't have to have an income to get a CS order. I got a default decree because he felt it wasn't important to show up for the divorce or respond to anything.

    Who are you in all this?
     
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