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How is this possible contempt of what?

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Tallerin

Junior Member
What is the name of your state? PA

ok so my normal CS is $198/month ($173 current CS with $25 for back CS) the origal court order from 12/12/02 it is stated that CS of $198/month is suspended due to no income (ex was interferring and costed me my job and was able to show physical proof of it).

well i just recently had a CS mod conference and it went well on 4/14/2004. no metioning of grounds for contempt or anything along the lines. CS has been suspended since 12/12/02 and i have been enrolled in the state T.E.P program since then. well on 4/15/2004 (the day after CS conference) i recieved a notice of non-compliance (financial only).

states this: dated 4/13/2004
Our records indicate that you are not in compliance with your support order dated april 16, 2003 (there is not a support order dated on this date it was 12/12/02) in the amout of $0.00 per month plus 25 per month in arrears. total arrears are 1,418.51

failure to respond in 20 days will result in issuance of bench warrent and possible incarceration for failing to comply with support order.

basically i take it i have to cough up 1,418.51 in 20 days or else on CS case that was court ordered suspended arreas included.

now on the 4/16/2004 i recieve the court order from the CS mod confrence signed by judge it has been ordered to remain suspended till i secure gainful employment through the T.E.P.
order to automatically reinstate at $198/month for 1 minor child. if i fail to comply with the regulations of T.E.P then order is automatically reinstates Effective 4/14/2004

so basically the CS remained the same as the previous order.

Now today 4/17/2004 i recieved more court papers for a conference on 4/29/2004 (already have one on the 4/28/2004 for T.E.P) stating that i have to bring $100 dollars + recent pay stubs + other income sources and/or medical excuse to avoid contempt of court.

now How can i get charged contempt of court on a suspended CS order 2 times?

my ex filed them after being notified of the CS mod hearing. also stated in hearing to expect papers in the mail.also she said they were papers that will give her what she wants in full amount not payments.
Can she do this when there is no real contempt of court issue?
wouldn't the court have to ask her to show proof of the offence?
wouldn't the court know that the support order she is fileing for with contempt charges is and was suspended for due cause?

i have all my court orders from all the hearings and they were all signed by the judge on the date of hearing's then mailed to us both.

is this something that can be delt with over the phone or what?

the way i read them either way if i show up on the 29 with the $100 i'll still be in contempt to them. cause there is no way in heck i can come up with the full amount of the arrears within in the 20 days stated on other form.

the stuff this court lets my ex get away with is BS when she can't get her way.

any advice on what to do is appreciated.

ps... sorry the post is so long it is easier to explain/ show all info from the originating date.
 


BL

Senior Member
Call that court's chief clerk. Explain the situation.

They are probably just taking the petitions without reviewing the other records.

If you just had a mod. hearing and the Judge signed an Order ( as before) , don't worry.

Ck. and see if the Judge has a clerk,or secretary , try getting it rectified through them. They maybe able to have the Judge look into it.

I would seriously , send the X a copy of the order returned receipt requested Certified.

I'd make it plain as the sun rises and the night comes, If she files another FRIVOLOUS Petition , you will file an answer and seek , incarceration,fines,attorney fees, or what the court seems just and proper.
 

Tallerin

Junior Member
thanks for the response it all didn't sound right to me. but the past few days has me so stressed out about everything that is going on lately. guess it is about that time to take my fathers offer to sign over my car so I can afford my upcoming attorney fees for the many upcoming court hearings.

again thanks for the advice and help.
 

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