contempt hearing update

[NSA4answers]

What is the name of your state? Co/Minnesotta

I appeared by phone this morning for the contempt hearing agaisnt my daughters father. He did not appear. I have heard through his family that he is in jail already on another charge. (driving with out a license.)

Because the case is done through the CSEA in Co., Colorado has always had the jurisdiction. This was the first time Human Services in Minnesotta handled the case.

Anyways, he didn't appear, I appeared as petitioner representing myself, the humans services department for the county out there appeared and the attorney for the humans services deptartment. It only took about 2 minutes and I couldn't quite hear the attorney very well but it sounded to me that he requested that a warrant be issued (that I heard) and because the respondent was already in custody I guess that will be served upon him. The part I am not sure if I heard correctly was the attorney asking that the bond be issued for the 36k some odd dollars and cents that the respondent owes me in arrears through December. Does that mean that if he pays that bond to get out of jail that I will get the money as child support?

I guess I will have to wait to receive minute orders from the court but I am pretty sure that is what I heard.

 

[StampGirl]

Glad to hear things went well for you.

Also glad you got to appear telephonically. No driving

 

[NSA4answers]

Glad to hear things went well for you.

Also glad you got to appear telephonically. No driving

haha yeah that would have been a loooooooooong drive from Co. to Minnesota for only 2 minutes.

 

[StampGirl]

haha yeah that would have been a loooooooooong drive from Co. to Minnesota for only 2 minutes.

LOL Yikes!!!!

 

[Gracie3787]

The part I am not sure if I heard correctly was the attorney asking that the bond be issued for the 36k some odd dollars and cents that the respondent owes me in arrears through December. Does that mean that if he pays that bond to get out of jail that I will get the money as child support?

If, and I'm assuming that is a BIG if, he does pay the bond, or purge, for this case, you should recieve it. Unless the state is owed reimbursement if you ever collected public assistance.

 

[NSA4answers]

If, and I'm assuming that is a BIG if, he does pay the bond, or purge, for this case, you should recieve it. Unless the state is owed reimbursement if you ever collected public assistance.

What if he were to use a bail bondsman and only had to put the 10% or whatever amount it is that they want toward his bond? Obviously I wouldn't get the total amount that the bond is for, jus the amount that he puts down... Correct?

 

[TinkerBelleLuvr]

The "purge" that is posted with the courts is what generally comes to you if you have not received public assistance.

The 10% is what you are confusing with what a 'bailbondsman' charges. The courts don't care about those arrangements. they only care about what they receive in court.

 

[LdiJ]

What if he were to use a bail bondsman and only had to put the 10% or whatever amount it is that they want toward his bond? Obviously I wouldn't get the total amount that the bond is for, jus the amount that he puts down... Correct?

Its not really the same kind of bond. A bond for a criminal charge simply requires the defendant to show up for court. As long as the defendant does that, the bail bondsman does not get stuck for the 90%. The bondsman also has the authority to hunt down a no show and deliver them to the court.

A bond on a child support warrant is different. That kind of bond ensures that the child support WILL get paid. If its not paid, if a bail bondsman agreed to issue the bond, the bail bondsman is stuck, and must go after the collateral used for the bond, to recover their money.

Therefore, your average, ordinary bail bondsman is not likely to agree to issue a bond in a child support case, unless there is VERY good collateral available.

 

[NSA4answers]

Its not really the same kind of bond. A bond for a criminal charge simply requires the defendant to show up for court. As long as the defendant does that, the bail bondsman does not get stuck for the 90%. The bondsman also has the authority to hunt down a no show and deliver them to the court.

A bond on a child support warrant is different. That kind of bond ensures that the child support WILL get paid. If its not paid, if a bail bondsman agreed to issue the bond, the bail bondsman is stuck, and must go after the collateral used for the bond, to recover their money.

Therefore, your average, ordinary bail bondsman is not likely to agree to issue a bond in a child support case, unless there is VERY good collateral available.

So basically he's not getting out of jail? lol He doesn't have ANY collateral and that's kind of what I was thinking on the bondsman... I couldn't understand why a bondsman would put that much up when the inmate has nothing to put as collateral. Maybe his gf would use their house but that would just be stupid and not my problem...

There wasn't a time discussed during the hearing of when he had to pay the bond by to get out of jail. However when I talked to the lady from his county's human services deptartment she said they normally will hang 160 days over him and if he agrees to be found in contempt he would have to pay by such and such date and if not they would take him into custody.

However since he was already in jail, I imagine that once they go to let him out they will search for other warrants and ding... he'll be visiting even longer. But if he doesn't pay the bond after that 160 days is up does he just get out? I would assume that they can't just keep him in jail forever.

 

[NSA4answers]

The "purge" that is posted with the courts is what generally comes to you if you have not received public assistance.

The 10% is what you are confusing with what a 'bailbondsman' charges. The courts don't care about those arrangements. they only care about what they receive in court.

I did receive public assistance for her and I a long time ago and only for about 18 months (tops I can't remember exactly) The case worker at CSEA told me that they only collect from him what is owed for her during that time period AFTER he is current. So if he puts up the 36 some odd thousand they would just take the money off the top of that? Or is he technically not considered current yet as that amount is only through December 2007. Either way... that's a whole hell of a lot more than I ever expected to get from him! College fund, here we come!