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Ex-wife owes $8k in arrears...

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tommygunz01

Junior Member
What is the name of your state? TX

She hasn't paid a dime since I won custody last year of my 3 boys and was awarded CS. She's supposed to go to a contempt hearing in next week and was wondering three things:

1. If she shows up at court, can and will the judge send her to the slammer due to her disregard to the CS award of $1000 per month and her owing over $8K in arrears? And if she is sent to jail, how long can she be required to stay there?

2. If she doesn't show up at court, what can and will be done? Will the police go out to this new boyfriend of hers and arrest here?

3. She and her lawyer are fighting the Divorce/Equitable Distribution proposal that my lawyer and I brought forth(she doesn't think it is enough as she incurred quite a bit of marital debt and so that was brought to the masters attention). Was wondering if any award she is given by master which likely won't be alot, can be garnished from her by Domestic Relations cause she owes so much in arrears. For example if she is awarded $5k of the split in proceeds from the sale of the marital home and I am awarded $30K, can and will her $8K arrearage be used against her and basically she'll get nothing?

Thanks in advance to any and all advice and answers I might recieve.
 


brisgirl825

Senior Member
tommygunz01 said:
What is the name of your state? TX

She hasn't paid a dime since I won custody last year of my 3 boys and was awarded CS. She's supposed to go to a contempt hearing in next week and was wondering three things:

1. If she shows up at court, can and will the judge send her to the slammer due to her disregard to the CS award of $1000 per month and her owing over $8K in arrears? And if she is sent to jail, how long can she be required to stay there?

Not likely, atleast for the first contempt. She will probably be put on a payment plan and her wages garnished. Unfortunately, it can take many trips to court before any warrants are issued.

2. If she doesn't show up at court, what can and will be done? Will the police go out to this new boyfriend of hers and arrest here?

A defualt judgement will be given in your favor. Arrest warrant? I don't know.

3. She and her lawyer are fighting the Divorce/Equitable Distribution proposal that my lawyer and I brought forth(she doesn't think it is enough as she incurred quite a bit of marital debt and so that was brought to the masters attention). Was wondering if any award she is given by master which likely won't be alot, can be garnished from her by Domestic Relations cause she owes so much in arrears. For example if she is awarded $5k of the split in proceeds from the sale of the marital home and I am awarded $30K, can and will her $8K arrearage be used against her and basically she'll get nothing?

Again, I am not sure. You should ask your atty, if this would be a viable solution.

Thanks in advance to any and all advice and answers I might recieve.

Good luck to you.
 
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