7 times, still nothing

[45Frank]

What is the name of your state? New Jersey

My children have been ordered to recieve CS from my X-Wife, she hasn't paid in years and owes nearly $10,000.00. She has been in front of a Hearing officer or Judge many times about 7 and they order her to pay but walks out without paying a penny, she regularly gives false address' to the Judges. In Jan. she tolsd the judge she was incarcerated so couldn't work he gave her 30 days to prove this. June was the next date and she was a no show.
Now my problem is the county refuses to order a Warrant for her arrest because they have no good address for her. She has given them dozens of address' just made up.
I am told by the probation officer they can't issue a warrant because they don't have an address for her. Is this true that they must notify her before they can issue a warrant. She is the one who perjered herself. Doesn't it seem that they are rewarding her for perjury. Also she is enroled in another county's PTI program, and the Probation officer says they can't go there to get her address, or to the MV for an address. The last Judge reinstated her licences that where suspended.

 

[brisgirl825]

Does she visit the children?
Will her family/friends be of any help?
Do you have the funds for a PI?

 

[SingleMom67]

What is the name of your state? New Jersey

My children have been ordered to recieve CS from my X-Wife, she hasn't paid in years and owes nearly $10,000.00. She has been in front of a Hearing officer or Judge many times about 7 and they order her to pay but walks out without paying a penny, she regularly gives false address' to the Judges. In Jan. she tolsd the judge she was incarcerated so couldn't work he gave her 30 days to prove this. June was the next date and she was a no show.
Now my problem is the county refuses to order a Warrant for her arrest because they have no good address for her. She has given them dozens of address' just made up.
I am told by the probation officer they can't issue a warrant because they don't have an address for her. Is this true that they must notify her before they can issue a warrant. She is the one who perjered herself. Doesn't it seem that they are rewarding her for perjury. Also she is enroled in another county's PTI program, and the Probation officer says they can't go there to get her address, or to the MV for an address. The last Judge reinstated her licences that where suspended.

It is true that a valid address needs to be found before issuing a warrant because the warrant needs to be served. In other words, they need to know where to go to pick her up. The state doesn't have the resources to be sending people out on a goose chase. Have they done a postal verification? That's number one in trying to locate her. A MV address may not necessarily be the most recent. Secondly, get her driver's license suspended again. I'm not sure why the judge would have allowed it to be reinstated. Thirdly, check to make sure any tax returns she might have are liened. She may not necessarily be overpaying in order to get a refund. It's just one of the things you want to go to cover all bases. Is she seeing the children at all?

What's a PTI program? Sorry, I'm not familiar with that one.

Unfortunately, I have been in a similar boat. You will find that you must do most of the leg work in locating her yourself. But if you are diligent, the hard work will pay off. And remember that the arrearages don't just go away. At some point, she'll have to pay.

 

[45Frank]

She has only seen them twice in two years, I have a FRO against her but she did illegally show up to see them in May 05. They did spend 4 weeks with her parents this summer and she showed up only for 15 minutes. I have moved to NC and even when we lived 10 minutes away the previous 3 years only seen them maybe 10 times. She does live at one of the address' I have given the courts but she won't accept Certified mail from them there or refuses the regular mail. I have sent prove two green slips from the mail I sent and they say not good enough.

 

[45Frank]

It is true that a valid address needs to be found before issuing a warrant because the warrant needs to be served. In other words, they need to know where to go to pick her up. The state doesn't have the resources to be sending people out on a goose chase. Have they done a postal verification? That's number one in trying to locate her. A MV address may not necessarily be the most recent. Secondly, get her driver's license suspended again. I'm not sure why the judge would have allowed it to be reinstated. Thirdly, check to make sure any tax returns she might have are liened. She may not necessarily be overpaying in order to get a refund. It's just one of the things you want to go to cover all bases. Is she seeing the children at all?

What's a PTI program? Sorry, I'm not familiar with that one.

Unfortunately, I have been in a similar boat. You will find that you must do most of the leg work in locating her yourself. But if you are diligent, the hard work will pay off. And remember that the arrearages don't just go away. At some point, she'll have to pay.

PTI is Pre Trial Intervention, She was arrested for 4 folonies. If she pays all back and stays out of trouble for so much time all goes away.

 

[SingleMom67]

Let me make sure I'm clear since you're out of state now. New Jersey retains jurisdiction over the support order? It's much harder to enforce an order once you move away. However, ask the case worker to do a postal verification. If they have an address that has been known to be her residence, it's a starting point. The postal verification should track down to her last known address. This is the one you will need to get the warrant issued. As long as the courts have this postal verification it doesn't matter whether or not she picks up a certified mail. They've got proof of an address where she is collecting it!! This is all under the assumption that she's still residing in NJ. Yes? I will warn you that you have to be deligent. And you have to be persistent. Call often!!! This is a case of where the squeaky wheel gets the grease!

Also, did you get the courts permission to move out of state?

 

[45Frank]

Yes I did get permission to move.
The probation officer did say they had a postal verification, it's her mothers house. The probation officer called me last week to tell me not to show today to the hearing because her mother talked to her when she called because that's the number she was given when in court. The mother told the officer that they haven't heard from her and she doesn't live there.
The x is not a nice person, she gives my address out reg. and has given my nuber to PD in the past, my number had to be changed reciently because of thiss.

 

[SingleMom67]

Sorry, I went out for lunch today. Okay, so they have the postal verification already. It doesn't matter if the mother says she doesn't live there or not. More likely than not, she's covering for her. As long as the mail trail stops there, that's considered valid service. So tell me again why they won't issue a warrant based on that address? And what's the hearing for today? Maybe that's what the hearing is on today - a judge has to grant issuance of the warrant?????? Regardless, you need to push for the warrant based on the last known address. Once you get it, it's valid for the entire state of New Jersey. That's why it's really important for you to also push the driver's license suspension again as well. Obviously, if she's picked up for a routine traffic stop, the outstanding bench warrant will show up and they'll bring her in. Keep the faith, my friend. It took me over a year, but persistance pays off. Remember, you're doing this not for yourself but for your children!!!

 

[VeronicaGia]

I wonder if, in this case, our poster in good faith tries to find her but cannot. Then our poster asks NC to take over jurisdiction of the case (thereby filing contempt over and over again becomes more convenient for him) since she "cannot be found."

I may be way off here, so someone else feel free to comment. I also know that CS usually follows the NCP, but since the NCP doesn't want to be found.....

 

[SingleMom67]

I wonder if, in this case, our poster in good faith tries to find her but cannot. Then our poster asks NC to take over jurisdiction of the case (thereby filing contempt over and over again becomes more convenient for him) since she "cannot be found."

I may be way off here, so someone else feel free to comment. I also know that CS usually follows the NCP, but since the NCP doesn't want to be found.....

Since Mom is still considered a resident of NJ (based on the postal verification), NJ will not relinquish jurisdiction to NC.

Poster: Here's a site I found that may be beneficial to you too.

http://www.judiciary.state.nj.us/monmouth/info_book.htm

 

[45Frank]

I've tried to have Juristiction moved in the past and was denied. Judge says as long as it is presumed that she still lives in NJ. it stays there.
Also the hearing today was set up by the probation dept. not me I had no idea until I recieved the notice in the mail. I was told by the prob. officer that they did verify address that's why it was set up. Then she called to say don't come the mother called and said she don't live there. So I won't find out till I get the notice in the mail usually a week or so.

 

[betterthanher]

I've tried to have Juristiction moved in the past and was denied. Judge says as long as it is presumed that she still lives in NJ. it stays there.
Also the hearing today was set up by the probation dept. not me I had no idea until I recieved the notice in the mail. I was told by the prob. officer that they did verify address that's why it was set up. Then she called to say don't come the mother called and said she don't live there. So I won't find out till I get the notice in the mail usually a week or so.

You should continue to try to do a postal verification. Where are her bills going? You should also look into any state laws that are in place for accomplises in cases like this. You might need to fork over the $$$ for a PI.

 

[SingleMom67]

I've tried to have Juristiction moved in the past and was denied. Judge says as long as it is presumed that she still lives in NJ. it stays there.

Yup, that's what I said earlier.

Also the hearing today was set up by the probation dept. not me I had no idea until I recieved the notice in the mail. I was told by the prob. officer that they did verify address that's why it was set up. Then she called to say don't come the mother called and said she don't live there. So I won't find out till I get the notice in the mail usually a week or so.

I'm guessing the probation officer told you you didn't need to come not because the mother said she didn't live at that address, but because they always tell you that in contempt hearings. Essentially, the matter is between CSE and your ex. However, what I have learned is that even though they tell you you don't need to be there, GO!!!! Your voice carries a lot of weight. If you don't go, it appears to the courts that it's not important to you (and the case gets put at the bottom of a VERY LARGE pile). Also, you don't have to wait to find out the outcome until you get the mail. Like I said before, call, call, call, your caseworker. CALL EVERYDAY if you have to. She/he should be able to tell you what happened and what they did today.

 

[hittingrabbit]

You were told incorrectly.
It is well established that departments,agencies,and even the judicial branch of government when they have attempted to reasonably serve notice through the proscribed laws,to a party then due process is served.
If they send a certified letter to every known address that she has provided in the past,and published in a local newspaper of given notice,(publication must be in the amount proscribed by your state law it may vary)then process is served,she will then at any time there after be incarcerated and held without bond if there is reason to beleive that she will flee again,clearly a no show is a presumption of intent on her part to flee.

 

[45Frank]

You were told incorrectly.
It is well established that departments,agencies,and even the judicial branch of government when they have attempted to reasonably serve notice through the proscribed laws,to a party then due process is served.
If they send a certified letter to every known address that she has provided in the past,and published in a local newspaper of given notice,(publication must be in the amount proscribed by your state law it may vary)then process is served,she will then at any time there after be incarcerated and held without bond if there is reason to beleive that she will flee again,clearly a no show is a presumption of intent on her part to flee.

I first thing this morning contacted probation to see what happened yesterday. I again was told nothing because she can't be nitified.
She reiterated again that she did get verification but because the mother said no that's the end of it. As far as they rae concerned she doesn't live there any longer.
Only in NJ could you be rewarded for pergery, giving the Judge a fake address.