Questions regarding contempt hearing

[victmich]

State is Texas

Here is a quick rundown before I get to my questions:

First appearance was in November. I had not been served within the 5 days so went in and asked for a continuance which was granted.

Next court date scheduled for January. While we are there I pay some money toward the arrearages and the judge asks what I would like to see happen. I tell him that I would like to make some sort of an agreement to payoff remaining balance. Ex's attorney says no way. I am granted a court appointed attorney and a new court date.

I meet with CAO one time and have one phone conversation. She tells me that she has filed a response asking my ex's attorney to replead (I think that is the wording she used) due to some kind of discrepancies in the motion.

Next court date was yesterday. Again I make another large payment towards these arrearages. My CAO is on vacation so I have someone else in her place. We again ask to make a deal for payment on the arrearages. Ex's attorney says no and that he wants to see me in jail. I ask what does my ex want and he just sits there and shrugs his shoulders. So CAO tells ex's attorney that he will need to replead based on their findings if they refused to make an agreement. So we go in the courtroom and get a new court date. Meanwhile I ask my ex several times about what we can do to settle this and still get no response from him.

Question #1: If his attorney repleads can he only replead on what was pointed out to him or can he add or change things to the original motion?

Question #2: Since we never actually talked to the judge yesterday how is he going to know that we tried again to settle this and that my ex again refused?

Question #3: Can I really get put in jail over $1,000.00? I mean I know I can but how likely is it? My next court date isn't until May so I'm hoping to have at least half of the rest of this money by then. I guess to me it seems a little crazy to have his lawyer screaming jail over $1,000 when I have a job now and am paying my current monthly amount.

My current employer is getting pretty ticked about all of these days that I am missing for this so I'm trying to settle to avoid losing my job.

 

[ceara19]

If you have already made 2 large payments, before actually getting an order for repayment form the judge, she and her attorney will look very petty if they DEMAND you go to jail when you are trying to get the arrears paid off. Unless there is more to this story than you are disclosing, the chances are slim to none that you will get jail time. Your attorney SHOULD point out that attemps were made to settle out of court. If a reasonable offer was rejected by her, it looks even worse for her. Judges really like it when parents can act like the adults that they are and reach an agreement without the court. Not so much when one person honestly tries to work it out fairly and the other just refuses to listen. It makes them look like a child plugging their ears and humming when they are being told something they don't want to hear. Go ahead as you have been doing. Make another payment at the next court date. It appears as though you are making a good effort here.