IAAL, Lgl Bgl.-help

[trishaj1]

Hi,
live in va. husband was court ordered to pay alimony, 3 months later, not a dime, he has even held 2 jobs.going to court on monday for custody of 3 year old daughter, can I ask judge for wage garnishment on him. do u think judge would put him in jail and he would have to get girlfriend to have money to bail him out and give me my money-would they keep him until someone did that-just a day dream on my part. thanks

 

[I AM ALWAYS LIABLE]

Hi,
live in va. husband was court ordered to pay alimony, 3 months later, not a dime, he has even held 2 jobs.going to court on monday for custody of 3 year old daughter, can I ask judge for wage garnishment on him. do u think judge would put him in jail and he would have to get girlfriend to have money to bail him out and give me my money-would they keep him until someone did that-just a day dream on my part. thanks

My response:

Yes, you can request your husband's wages be garnished for the child support. A failure to pay child support pursuant to a previous court order is called "Contempt of Court". Contempt of Court is criminal in nature because it is triggered when someone fails to obey a court order.

The judge can place your husband in jail or levy a fine against him, or both, for failing to obey court orders when he failed to pay child support. For a first offense, some judges usually place a "contemnor" in jail for a weekend. This is done to give a contemnor a "taste" of what will happen in the future if the disobedience continues. For each offense thereafter, the fines increase, as well as the jail time.

Good luck to you.

IAAL

 

[trishaj1]

re:IaaL-need answer

Hi again.
Our daughter gets child support through cse automatically, and have been receiving it. I need to know about spousal support,he isn't giving any even though it was court ordered, does the same contempt rules apply? I even told him he could pay me 25.00 a week and I would gladly give him a receipt, however, he has to pay his cable bill-pay per view. Please respond asap. have court tomorrow and need to bring up about alimony.thanks.also, if he did go to jail for weekend, would that be on his criminal record-he was ordered in another city to take anger management and probabtion for a year-good behavoir and conviction is erased, how would it affect probation?

[Edited by trishaj1 on 05-20-2001 at 06:52 PM]

 

[I AM ALWAYS LIABLE]

Re: re:IaaL-need answer

Hi again.
Our daughter gets child support through cse automatically, and have been receiving it. I need to know about spousal support,he isn't giving any even though it was court ordered, does the same contempt rules apply?

MY RESPONSE: Same rules apply. No matter what the subject matter is, if a judge orders it, and someone fails to obey and comply with those orders, it's "Contempt of Court" - - plain and simple, no question about it.


I even told him he could pay me 25.00 a week and I would gladly give him a receipt, however, he has to pay his cable bill-pay per view.

MY RESPONSE: He has to pay his Cable bill ?
Oh, that's a good excuse ! That one will go over like a "lead balloon" with the judge. I can't wait to hear from you if he uses "that" as an excuse. Come prepared to give him a toothbrush, a clean pair of underwear, and a jar of Vasaline Petroleum Jelly - - he's going bye-bye !


Please respond asap. have court tomorrow and need to bring up about alimony.thanks.also, if he did go to jail for weekend, would that be on his criminal record-he was ordered in another city to take anger management and probabtion for a year-good behavoir and conviction is erased, how would it affect probation?

MY RESPONSE: It's not going to be good for him - - and that's being optimistic !
You see, as part of his probation, he already promised the other court that he would obey all laws and court orders rendered in the State. Guess what ? He didn't. Again, he's going bye-bye.

Good luck to you.

IAAL

 

[trishaj1]

Me again. Okay, sorry about the thread thing.
1990-he was convicted of forgery, burglary, and grand larceny. spent 3 years in cal. prisons-fire fighter program. well, when I caught him with welfare mother,
he hit me in front of our daughter.we had allready gone to court for custody, child and spousal support, but we had to do mediation for overnight visits. I didn't want him to keep her overnight. he even moved without telling me and court, which I will bring up. The court for hitting me,
gave him 1 year probation and anger management, he has to be good for a year so it will be erased.he is living with girlfriend in section 8 housing, after court, I will be letting section 8 know. tomorrow, is for "permanent custody" which he isn't fighting me on, he is too busy babysitting girlfriends kids, the judge will decide on overnight visitation, but I also need to let her know that he isn't paying my spousal support.I wouldn't have gotten it, had goofy not sign a paper saying he would responsible for helping pay certain bills.I will let u know how it works out. thanks again for all your help, it is appreciated. I have a lawyer, part time judge, but I feel stupid asking him questions, so this forum helps a lot.yes I knew he was an fup,but I thought he would grow up, my bad.by the way, I didn't know him way back then in early 90's.