jailtime

[doodle521]

What is the name of your state? alabama I was ordered to pay 650mo alimony. I make 24000yr. ex wife makes same or more. I was jailed last year for non payment. I really am trying but have fallen behind. Judge based this order on misinformation and lies and i had bad atty who by the way fired me bbecause when i was incarcerated my family called him frequently to find out how to get me out. I am having trouble paying this and have been summoned to court again. cant afford to prove what ex wife makes, cant afford atty. the judge will put me in jail and then what. lose this job, am 50 no chance of finding one much better can i defend myself, how can i avoid jail and try to prove that she is in better shape that i. my present wife has filed for divorce and as luck would have it hearing for pende lite is on same day as ex wifes against me. left present wife, ashamed and broke. she is starving literally, has no car, trying to go to school and i need to make house pment for her and alimony pment for ex but one that is more reasonable. What do you think i can do. will judge jail me and leave both of them penniless. i really just broke down and can barely make and can pay both but will have nothing left. what are my chances. dont want to hurt present wife dont blame her for filing dont want to go to jail thought about leaving state or country

 

[ellencee]

doodle521
The court will look at whether or not you were able to work an additional job, part-time or full time. If I were in your shoes, I'd be finding a second job and doing my best to make those payments and get caught up. I know I'd want to be able to show the judge that I am willing to work 16 hours a day to meet my obligations. I'd rather do time at work than in jail.

 

[doodle521]

I realize that, but I literally gave up. I was unemployed for first time in 30 years when I recieved first order. Gained employment and have worked night and day at this job. Just now to point where I have any time to work second job and am doing so. I am going to have to represent myself. I cant afford to live much less and atty or filing fees for modification. My former atty let so much of her false testimony go. He only would tell me to not worry and just behave like a gentleman and all would be ok. I lost everything. And that was a lot. Would it be appropriate for me to call her atty and tell him I am my own counsel and try to work out something to avoid court If so what do I say?

 

[ellencee]

It would be a great idea to call her attorney and ask what you can do to work out a payment arrangement and settle the matter prior to court. Don't expect much cooperation if she has hired this attorney for the purpose of having you incarcerated. Revenge and spitefullness are horrid emotions and I'm afraid that's all your ex is using for her motivation.
If you do call her attorney and attempt to settle this, follow up with a letter to her attorney, mailed either registered or certified with return receipt requested (about $5), and summarize your call to the attorney so that you can show the judge that you did attempt to resolve this issue prior to court.
Words alone won't gain you much; you need to include some money towards the amount that you owe. This can't be done via phone, so you may want to send or take a payment to her attorney and let her attorney forward the payment to her. This alleviates her being able to say she did not receive it. Of course, her attorney is under no obligation to accept a payment from you, but it does give you another documented attempt to resolve the issue. If her attorney does not accept the money, then send the payment via return receipt requested mail, and take that to court with you, also.