Contempt Hearing

[victmich]

What is the name of your state? TX

I posted on here a couple of months ago about how I was behind on my child support and that there would be a contempt hearing. The date for the hearing is fast approaching. I was able to borrow some money to help me out, but not all that I need. Which do you think I would be better off doing - spending the money to have my attorney there but little towards my arrearages or almost all of my arrearages and no attorney? I know this is not a legal question but I am wondering what would some of ya'll suggest (besides not getting in this situation in the first place)?

 

[NotSoNew]

put the money towards the arrearages! the court will go easier on you if they see you are making an honest effort!

 

[seniorjudge]

put the money towards the arrearages! the court will go easier on you if they see you are making an honest effort!

I agree; judges tend to look down on people who are behind in their child support.

 

[MrsK]

Could you do 1/2 & 1/2? Then you are making an effort and you also will have a lawyer. You may be less likely to get "railroaded" with a lawyer.

 

[victmich]

Thanks for your replies! I appreciate it very much. I was thinking I should use it for the arrearages also, it's just that the idea of going without a lawyer is quite scary as well.

 

[LdiJ]

Thanks for your replies! I appreciate it very much. I was thinking I should use it for the arrearages also, it's just that the idea of going without a lawyer is quite scary as well.

I know it can be scary, but when it comes to child support, most things are pretty cut and dried. Pay up the arrearages.

 

[seniorjudge]

Thanks for your replies! I appreciate it very much. I was thinking I should use it for the arrearages also, it's just that the idea of going without a lawyer is quite scary as well.

Trust me on this...a judge will be more impressed by the money you pay your children than what you pay some lawyer.

 

[victmich]

Another question I just thought of.....should I try to negociate(sp?) out in the hallway with my ex and his attorney or should I just wait and talk to the judge?

 

[seniorjudge]

Q: Another question I just thought of.....should I try to negociate(sp?) out in the hallway with my ex and his attorney or should I just wait and talk to the judge?

A: Child support amounts are generally non-negotiable; but it never hurts to try.

 

[AmarieNorton]

IMO you should wait and talk in front of the judge. I'd be concerned about having any type of negotiations with the "other team" w/o your own lawyer present. JMHO.

 

[victmich]

Q: Another question I just thought of.....should I try to negociate(sp?) out in the hallway with my ex and his attorney or should I just wait and talk to the judge?

A: Child support amounts are generally non-negotiable; but it never hurts to try.

I was actually referring to the jail time and probation that they are asking for in the motion. Sorry neglected to mention that part! If I have a job now and can pretty much pay all of the arrearages should I try to work out an agreement in the hallway (i.e. wage garnishment & a payment plan for the rest of the arrears) or let the judge handle it?

 

[Zephyr]

I was actually referring to the jail time and probation that they are asking for in the motion. Sorry neglected to mention that part! If I have a job now and can pretty much pay all of the arrearages should I try to work out an agreement in the hallway (i.e. wage garnishment & a payment plan for the rest of the arrears) or let the judge handle it?

jail time is usually thrown out if one purges the arrears, if you are paying a hefty chunk on it then the judge most likely won't order jail time

my ex almost went to jail twice, both times on the day of court his mom wrote out a check for the arrears and he walked out a free man

 

[ceara19]

jail time is usually thrown out if one purges the arrears, if you are paying a hefty chunk on it then the judge most likely won't order jail time

my ex almost went to jail twice, both times on the day of court his mom wrote out a check for the arrears and he walked out a free man

Exactly, I can't see a judge throwing him in jail if he makes a good faith effort to pay and with him now being employed and ABLE to pay. It wouldn't make good legal sense.

 

[VA_Mom]

How long will it take you to come up with the remaining amount?

If you show that you have the money when you go to court (or most of it), the judge will usually give you a certain amount of time to come up with the rest (ex. 30 days).

Question: If he pays the arrearages, can he have the contempt record expunged so that the records are completely destroyed with the court and support enforcement?

(Yes, I asked this on another thread but no one seemed to know and it's basically the same topic. Hopefully, it will help someone else out.)

 

[ceara19]

How long will it take you to come up with the remaining amount?

If you show that you have the money when you go to court (or most of it), the judge will usually give you a certain amount of time to come up with the rest (ex. 30 days).

Question: If he pays the arrearages, can he have the contempt record expunged so that the records are completely destroyed with the court and support enforcement?

It is possible that a judge could expunge the record, but not likely. They like to keep it on record in case he does it again.