Has this happened to anyone else?

[MBMags]

North Carolina

My sister husband was picked up from work due to overdue non payment of separation alimony due to his ex wife. He has been divorced for about 8-10 years. I have asked my sister if a notice ever come in the mail regarding this prior to him picked up and she said no. Also she said this is money that has been paid. I have endlessly told her that she needs to get all the necessary paperwork together and back track and prove that he has paid. I do not know much about this matter or understand how the clerk of courts can go on here-say and have someone arrested and jailed without proof. Is this the way the system is or is something lacking/missing from my sister story that she isn't too forthcoming in with. This was last week and since then a family member has helped with repaying the money due in order for him to be released. Does anyone have any useful information or has this happened to anyone else.? I'm clueless to this and I wish to know more. Thanks.

MB

 

[dorenephilpot]

A warrant would not be issued for his arrest for contempt of court unless there was evidence that he was informed of the hearing and failed to show or DID show up, failed to prove he had paid the funds, was given a new deadline and still failed to pay it.

 

[MBMags]

Thanks for reply "dorenephilpot"

Indeed it is as I thought that some type of notice had to be mailed out to prior to anything happening like it did. I appreciated the information and the reply - "Thanks".

MB

 

[dorenephilpot]

But even mailing it isn't sufficient to "prove" notice sufficient to ensure due process.

They need more, such as an affidavit of personal service, live testimony that service was done or a signed certified mail receipt.

 

[MBMags]

Another question comes to mind

I never thought about that but indeed it does make sense, is logically that they would want that information registered as having been delivered. One other issue came to mind that during this whole week of this going on, my sister mentioned that he needed to pay this overdue money upfront and that garnishing his wages were not an option. Is it possible or not to have that as an option and also can this process be started and completed by the individual himself while in jail or is it something he would have to wait until his court hearing to ask the judge. It seems odd that an individual would have to sit in jail to repay this money when in fact he can't pay because he is there. Is it like this because after a notice letter or two the tolerance lever is no longer in effect and is basically a pay up front type of situation. ?

I appreciate the replies and thanks again so much.

MB