What happens at a non payment hearing?

I'm just curious what will happen at a non payment hearing if BD is unemployed? He owed about 5k in arrears while he WAS employed. Now it's up to 8800 in arrears but he is unemployed. He wants the amount modified (understandable) but he expresses no desire to work. (He collects welfare) And he says he wants to go back to college and maybe take some classes. (He already has a masters degree)

I'm kind of pissed. I'm busting my ass working and going to school just to get an associates degree.

The last time he made a payment was March.

I'm just wondering what will happen at his hearing. Will they make him look for a job at least?

They'll ask him why he hasn't been making payments, even if it's $5 a month. If he's unlucky, they'll throw him in jail. The Judge might strongly suggest he gets a job if he has no legitimate reason for not having one.

it depends if it is an enforcement or contempt hearing... enforcement hearings just ask if they are looking for work and most times mke them enroll in a work program... a contempt hearing is before a judge and the judge will rarely let them get off with out paying anything. either way they will ask him if he is prepaed to make a payment that day. he can not ask for them to lower his payments at this hearing. he will have to file and you both will have to go to court.

Doesn't matter if he's unemployed...it's his responsibility to petition for a modification, and if he failed to do so, that's his own fault. And he's still responsible for the arrears.

They can't make him look for a job, no. They will just modify his payments, probably to $20 a month or something like that (if he's receiving unemployment). But since he owes so much in arrears, they will probably suspend his license and could possibly put him in jail. Mine was 6 months behind for $300-something, and they told him if he didn't pay up in a month he would serve 30 days in jail.

But yeah, like the last poster said, they won't modify his payments at this hearing. The burden is on him to ask for a modification hearing.

A little more info...
He can't collect unemployment because he was fired for drug use and violating his probation from a drug related arrest in 2009

So now there's "newer" charges from him violating that probation and he went through drug treatment (OxyContin(sp) addiction)

He has been done since July and lives in sober living. He has not looked for a job because he says its part of his recovery not to work...

Quoting A&J. ♥:" A little more info... He can't collect unemployment because he was fired for drug use and violating his ... [snip!] ... done since July and lives in sober living. He has not looked for a job because he says its part of his recovery not to work..."

Uh well, anyone that I've spoken with in a recovery type situation has said they are encouraged to work. It helps them learn responsibility and consistency.

<blockquote><b>Quoting Crystal Marie S.:</b>" Uh well, anyone that I've spoken with in a recovery type situation has said they are encouraged to work. It helps them learn responsibility and consistency."</blockquote>



That's exactly what I've always heard. I've had family members and friends go through the same thing and they were always forced to get a job while living in sober living or a halfway house because it helps them get back into the real world.

He claims the halfway house does not allow them to work.. But he's out all day every day. At the library, the gym, coffee shops, whatever. So I guess I don't really understand.

I'm just soo tired of him shrugging off his responsibility.

Quoting A&J. ♥:" <blockquote><b>Quoting Crystal Marie S.:</b>" Uh well, anyone that I've spoken with ... [snip!] ... gym, coffee shops, whatever. So I guess I don't really understand. I'm just soo tired of him shrugging off his responsibility."

That's exactly what he's doing. I know SO was in a halfway house for a while and it was mandatory they get a job, or volunteer while looking for a job. I think he's just maybe depressed and setting himself up for failure. Then he can say "I did everything I was supposed to and it didn't work."

<blockquote><b>Quoting Crystal Marie S.:</b>" That's exactly what he's doing. I know SO was in a halfway house for a while and it was mandatory they ... [snip!] ... maybe depressed and setting himself up for failure. Then he can say "I did everything I was supposed to and it didn't work.""</blockquote>




It sucks. I really want to get my son into a twin size bed as opposed to a toddler bed. I work at a furniture store so I could get a nice bedroom set and mattress for about $750 with my discount but I cannot manage the bills and set aside to save for that. It's so frustrating... I've thought about asking him to get him that for Christmas but I know it's useless. Sigh

One more thing. BD is telling me this is a modification hearing not a non payment hearing. I thought we BOTH had to be present at a modification hearing. Someone in domestic relations told me I am not required to be present even if it is a modification hearing. Is that true?

As far as I know, you're required to be present at both...at least in NY you are. At my BD's violating hearing, I had to be present and the judge actually asked me if I wanted to throw him in jail.

<blockquote><b>Quoting Lizplustwo:</b>" As far as I know, you're required to be present at both...at least in NY you are. At my BD's violating hearing, I had to be present and the judge actually asked me if I wanted to throw him in jail."</blockquote>

Hmm... BD is from NY too so the hearing is there. I called and they told me I'm not required to be there but I'm getting a lot of mixed info

Hm, that's weird. I would think they would at least make you appear telephonically...that's what my BD always does. But you'll get a summons in the mail if you have to be there.