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Contempt of Court hearing

Discussion in 'Alimony & Spousal Support' started by confused71, Apr 16, 2011.

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  1. confused71

    confused71 Law Topic Starter New Member

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    CdwJava,

    Well as of right now we've managed to raise $275 of the $425 he owes and will keep trying to raise the remainder of the money now until monday. He says he's able to make the $25 monthly payment with no problem. What's your opinion on what will happen if we get him current on his payments this week, do you think there is any possibility the CS office will discontinue the contempt hearing since he is now in compliance and there is no issue of past due payments?

    Let me know your thoughts please!


    PS. I wanted to add, accorind to the paper work his arrearages are at $4,500 but is past due in the amount of $425. Again, if we get him up to date on his payments and he agrees with the CS office to continue to pay monthly, will this allow the CS office to discontinue the contempt hearing.


    Thank you

    Confused71
     
    Last edited: Apr 16, 2011
  2. CdwJava

    CdwJava Moderator

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    If he can make up the past due amount, he might be okay ... provided he can show how he will make the future payments.

    I doubt the court date will be cancelled, but they should inform the court of the update and the matter may be continued for a time just to hold his feet to the fire. They might check back in 6 months or so to see that he is making those payments.
     
  3. confused71

    confused71 Law Topic Starter New Member

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    *UPDATE*

    Well we went down to the child support office in town and really had no luck. The court date is set and he must attend or a bench warrant will be issued if he doesn't. After talking with the child support case worker he stated that Jeff has two cases from two previous marriages. One case in county "A" that we live in and another case in a different county "B" from his first wife. Well that case in the county "B" is only arrearages from welfare she recieved for a few months when the first divorced. County "B" only has arreages to enforce for the reimbursement of the welfare funds she recieved. The actual child support case in county "B" has been terminated but Jeff is still responsible for the arreages for the welfare portion.

    The county we live "A" enforces the current child support order and this case takes priority, meaning that Jeff must pay the $200 a month child support for the county "A" we live and anything above the $200 will go to the county "B". Since Jeff hasn't been working he can afford only bits and pieces of the $200 but not the full amount therefore the county "B" gets left without no money which resulted in him falling into contempt of a court order becasue jeff couldnt afforder anything over $200 a month.

    Apparently he has to go to the hearing and be appointed a public defender but the child support officer stated to Jeff that if he pays the past due balance of $422.77 he will be up to date and system will purge and there will be nothing to discuss at the hearing other than him agreeing to continue paying per month. His balance is $3400 which $1900 of that amount is interest and the principal is $1500. Does anyone know if the principal can be paid in full and the interest be wiped out or does he have to pay the full $3400?

    Confusing case for Jeff but he seems to be positive about it and to get it all fixed and move on.

    Thanks for any inpute


    Confused71
     
  4. Proserpina

    Proserpina Moderator

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    Jeff quite frankly needs to man up and do what's right.

    But to answer your question, Jeff really needs to be asking his case workers. They - and really, only they - can tell him what he needs to do.

    And since it seems you're the new wife or partner, I'll offer a bit of unsolicited, non-legal advice.

    Do. Not. Have. Children. With. This. Man.
     
  5. confused71

    confused71 Law Topic Starter New Member

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    LOL...

    Prosperina, If I were to have children with Jeff we would be multimillionare's and famous becasue everyone would want to know how in the world 2 men had a baby together? I can tell you right now as a man I wouldn't be the one carrying the baby, it would be Jeff!!!..LOL.. But all joking aside, I feel Jeff is taking control of his responsibilities and trying to get things in order, just becasue he has had two failed marriages doesnt make him a bad person at all, it just didnt work out from what I know and things happen. I have had the pleasure to be Jeff's classmate for the past 18months and he is graduating in the top 10 of his class. He is on is way to becoming a psych nurse and will be making good money so that he can take are of his responsibilities.

    So I think he is doing what's right, he's gone to school, got his education, trying to take care of his responsibilities as best he can and not trying to run from them. There are so many dead beat fathers out their and I can assure you Jeff is not one. My advice to him is to take one step at a time, take care of the child support obligations and don't default, graduate from school in May, Pass the state boards, Attend his hearing, get a job with the state, pay off his debts once he's working and last but not least, sip on some pinacolada's on the beach of Hawaii on his vacation from his new job...he will definitely be able to afford it AND do what's right....

    Thanks for the input, you have all been a great sourse of knowledge and input in this case and have helped me give the best advice to my buddy Jeff, he needs it!!!!!

    Thanks again,


    Confused71
     
  6. Proserpina

    Proserpina Moderator

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    Actually, a non-deadbeat parent (of either gender) would have postponed their schooling and gotten two, perhaps three jobs to support their children.

    It takes more than a couple of months of non-payment to get where your "friend" is right now.

    Jes' sayin'.


    (Does he realize that non-payment of support can actually exclude him from MANY jobs?)
     
    Last edited: Apr 19, 2011

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