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I am scheduled for a show cause hearing (advisement only)

for non payment of spousal...
I am scheduled for a show cause hearing (advisement only) for non payment of spousal maintenance. since the initial filing in December, payments have been made but ex has deducted items from the January payment. Should I bring this up to the court at the advisement hearing or wait and file a second contempt? I believe at the advisement hearing we will be sent to mediation first. But if so should I still file the second contempt or wait to see what the judge says. I intend to file a modification to the order to specify how the payments are to be made since I get checks and would prefer direct deposit
JA: Because laws vary from place to place, can you tell me what state this is in? When we are ready I'll take you to the appropriate web page.
Customer: colorado
JA: Has anything been filed or reported?
Customer: yes the contempt and the OSC hearing is next week just advisement only
JA: Anything else you want the lawyer to know before I connect you?
Customer: will I be chatting on line? does this cost anything?
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Answered in 5 minutes by:
2/10/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,229
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if payments that are part of the show cause have been made, you need to bring up everything including the deducted items. You need to bring all of your records proving payment with you as well, even though it is advisement only, it can be dismissed at this point and the judge can dismiss at any point. He cannot deduct what the court order does not allow him to deduct.
You need to wait to see what the judge orders first before filing the next contempt or the motion to modify the order regarding making payments.
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Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,229
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 10 months ago
I was hoping that this new information would be included at this hearing, so that I would not have to file a new contempt with new service. If this happens and he were to avoid being served in the future, what happens then
Customer reply replied 10 months ago
After filing and serving contempt. All late payments now on spousal maintenance have been made and Show Cause advisement hearing is on Monday. I will be bringing this up to the judge who most likely will dismiss since all is caught up. But I need to know how to modify the order to have my portion of military retirement pay directly deposited along with the alimony portion. Do I request an order to have him do an allotment since DFAS cannot directly send it to me because of the 10-10 rule
Sorry, but the new information has to be done in a new hearing. You can serve him in court when you show up to court on a hearing for this other matter.
If all late payments are caught up, he was still in contempt and you can still ask the judge to at least sanction him for the contempt and make him pay costs and for your time having to bring the action to court
You have to file a separate motion regarding the military pension and ask the court to modify that pension order.
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