If the court has entered a payment order after holding a payment hearing, it should in most instances schedule review hearings to monitor compliance with its order.
Commentary
In most cases where payment orders have been entered after a payment hearing, the court should schedule a compliance review hearing or a series of hearings. The court should play this pro-active role rather than placing the burden on the plaintiff to have the case placed back on the list. At the time of scheduling the review, the court can inform the plaintiff that he or she can cancel the hearing if payment is made prior to the scheduled date.
If the defendant fails to appear at any compliance review hearing, the court should invoke the procedures for a capias or order to show cause set forth in Standard 9:02. If both parties are present and the court determines there is noncompliance with the payment order, the court may consider one or more of the following steps:
- requiring the defendant to fill out a new financial statement to determine ability to pay and whether any of the defendant's income is now exempt;
- revising the payment order and setting a new review date;
- referring the case immediately, or, where justice so requires, at a later date, to a judge for a contempt hearing.