sentence to 6 months

[Momto1yrold]

What is the name of your state? ny

Ex was found in contempt and sentenced to 6 months in jail this week, he has to bring $4,000 that day to be able to stay out of jail. The sentenceing is in May. But i think he thinks its going to be ok to not pay during this time and just bring the purge amount to keep him out of jail. The judge never said anything to him about normal weekly payments and him paying only half.


What happens if my ex doesnt pay all the way through this?

Could I show up on the sentencing date and say something about him not making payments during this time. I have a good feeling he wont make any payments, or he will make them when he wants to. I hope his lawyer would talk with him more and tell him what will happen. After magistrate suggested jail time, He had been making small payments regularly about 6-9 (sometimes 10) days in between those small payments.

I was also wanting to get this switched over to another county, do i have to wait til this is over to file that?

 

[CLBKLCDTB]

What is the name of your state? ny

Ex was found in contempt and sentenced to 6 months in jail this week, he has to bring $4,000 that day to be able to stay out of jail. The sentenceing is in May. But i think he thinks its going to be ok to not pay during this time and just bring the purge amount to keep him out of jail. The judge never said anything to him about normal weekly payments and him paying only half.


What happens if my ex doesnt pay all the way through this?

Could I show up on the sentencing date and say something about him not making payments during this time. I have a good feeling he wont make any payments, or he will make them when he wants to. I hope his lawyer would talk with him more and tell him what will happen. After magistrate suggested jail time, He had been making small payments regularly about 6-9 (sometimes 10) days in between those small payments.

I was also wanting to get this switched over to another county, do i have to wait til this is over to file that?

Whatever he doesn't pay will be tacked on to his arrears. Once out of jail and working his income will be garnished for current support and an percentage for arrears owed.

If you haven't been getting support as of now and this is why he is going to jail. girl take the purge ammount. do not show up for sentencing unless your lawyer tells you to be there. Wait out his jail time and when he is out part of his conditions set will be to get a job.

The system is working for you.

Some say jail does not good because the NCP can't pay while in jail, when the true fact is, if they were paying to begin with they wouldn't be in jail
Hopefully jail time will wake Dad up.

You may not get your support as quick as you'd like, but at least you will get it.
As for switching over to another county...hell if you have a judge in the current county who is enforcing your support be paid, why would you want to go to another county and deal with a new judge? If it were me I'd stay where the support is being enforced

After re reading the original post I seen that he is to pay a purge ammount to stay out of jail. If he pays cool, but I can garentee you the judge will tell him if he doesnt get a job and start paying support. Next time he will go to jail no matter what.
If he doesnt pay the purge and goes to jail. well then he deserves to be there!

 

[Momto1yrold]

Whatever he doesn't pay will be tacked on to his arrears. Once out of jail and working his income will be garnished for current support and an percentage for arrears owed.

If you haven't been getting support as of now and this is why he is going to jail. girl take the purge ammount. do not show up for sentencing unless your lawyer tells you to be there. Wait out his jail time and when he is out part of his conditions set will be to get a job.

The system is working for you.

Some say jail does not good because the NCP can't pay while in jail, when the true fact is, if they were paying to begin with they wouldn't be in jail
Hopefully jail time will wake Dad up.

You may not get your support as quick as you'd like, but at least you will get it.
As for switching over to another county...hell if you have a judge in the current county who is enforcing your support be paid, why would you want to go to another county and deal with a new judge? If it were me I'd stay where the support is being enforced

After re reading the original post I seen that he is to pay a purge ammount to stay out of jail. If he pays cool, but I can garentee you the judge will tell him if he doesnt get a job and start paying support. Next time he will go to jail no matter what.
If he doesnt pay the purge and goes to jail. well then he deserves to be there!

Thanks for replying. I know it seems to be working. But this has taken a long time to get here and it seems he isnt going to pay the obligated amount still. This judge has made some "weird" decisions.

In 2005, when ex made up this story of me calling him and telling him "he wasnt the father hahaha", no proof. The judge granted dna testing after father stated several months back that he was the father in testimoney during a hearing for paternity/child support. I dont care so much about this cause i knew he was the dad but the fact he was able to think up some lies.

My ex's court appointed lawyer told my last lawyer that this judge didnt like the Magistrate and it showed by his actions. He would show it in his decisions to ex's objections to her findings of facts and other filings. He had sent it back for remand twice. Sent us back cause the woman magistrate dismissed my ex's modification petition for res judicata when it should have been for failure to show cause, instead of fixing the wording, he sent it back for remand and set a hearing wasting tax dollars and time etc. In which that hearing lasted over an hour. She asked every little question and every detail etc.

I also dont like the caseworker I have, hes new to the dept(May 2007) and still tells me "i dont know why or i dont know" too much. I also dont like driving to 20 mins county and paying the parking fee. I live in the new county I want to be switched to now (i moved 2 yrs ago) and they are much smaller than current county.

I also like the fact that my residential county has a grant for the DA to enforce the contempt charges (where the $5,000 is a misdemeanor and then $10,000 is a felony).

Those are my reasons for moving venue.

 

[CLBKLCDTB]

Thanks for replying. I know it seems to be working. But this has taken a long time to get here and it seems he isnt going to pay the obligated amount still. This judge has made some "weird" decisions.

In 2005, when ex made up this story of me calling him and telling him "he wasnt the father hahaha", no proof. The judge granted dna testing after father stated several months back that he was the father in testimoney during a hearing for paternity/child support. I dont care so much about this cause i knew he was the dad but the fact he was able to think up some lies.

My ex's court appointed lawyer told my last lawyer that this judge didnt like the Magistrate and it showed by his actions. He would show it in his decisions to ex's objections to her findings of facts and other filings. He had sent it back for remand twice. Sent us back cause the woman magistrate dismissed my ex's modification petition for res judicata when it should have been for failure to show cause, instead of fixing the wording, he sent it back for remand and set a hearing wasting tax dollars and time etc. In which that hearing lasted over an hour. She asked every little question and every detail etc.

I also dont like the caseworker I have, hes new to the dept(May 2007) and still tells me "i dont know why or i dont know" too much. I also dont like driving to 20 mins county and paying the parking fee. I live in the new county I want to be switched to now (i moved 2 yrs ago) and they are much smaller than current county.

I also like the fact that my residential county has a grant for the DA to enforce the contempt charges (where the $5,000 is a misdemeanor and then $10,000 is a felony).

Those are my reasons for moving venue.

I would just keep doing what you are doing. Dad will either pay or go to jail. Simple.

Unless you are receiving public assistance, (which in some cases would force you to change countys) you can stay in the same county.

Seems the only thing you are unhappy with is the travel involved, the magistrate and your new case worker. However, the judge seems to be in your favor.

I understand it is hard to travel but if the system is working in your favor I would suggest staying where you have established this case.

Seems as though you believe Dad will still not pay and end up in jail. If this is the case and you still want to change counties, I would wait untill dad is behind bars and then make the change

 

[CONFZD85]

I'm going thru the same thing. You definaltely need to show up for the senetencing & say your peace. The court officials will try to tell you it's not necessary for you to be there but I highly reccomend it. Also I would not change countys. I have moved out of the county my case was filed in years ago. I will not switch because then I will have to go through 2 countys & this situation is confuzing enough. Basically just because you move your case to another county his stays where he is so you have to go through both courts & it gets messy.

Good luck to you

 

[Momto1yrold]

This judge is not wanting to put him in jail at all. Im so frustrated.

I go to court today. In waiting room ex asks if i got his letter. i didn't get anything so i said no he said oh i want to ask you to lower it to $90 a wk I cant afford this etc etc. I said no i dont believe half of what you say. (btw first 9/07 he wanted me to lower it to $60, then $65, then $70 then $80 and now $90).

Judge says to his lawyer ok is your client ready to surrender etc. Then asks what do we have. So his lawyer says we have 2 papers dated April from the irs stating the tax returns were taken state and federal($1200 and $2300). Plus we have a money order for $400 something totaling to $4,000 so he asks me if that is sufficient. I said no, I mean who knows when the taxes will go through, ive heard 6 months and then the amount owed right now is almost $9000 And judge said no its 90 days. And then the judge tells me I am putting them in a difficult position by saying I will take a $4,000 purge but then changing my mind and that the arrears will be still there and will fall under another violation. I dont consider that changing my mind, I just wanted to cry. How is that even fair. How are 2 papers from irs "money" or "purge amount" The taxes ive been told by many people will take about 6 months being hes married. Who knows if his spouse can file injured spouse claim on that money-NO WAY i dont trust him.

So judge adjourned it again for June 20th to see if the taxes are in by then and let you think about this some more. Great! Why dont we postpone it until we know he will have $4,000 and just give everything back to him, this is ridiculous lets just give everything back to a known liar and cheat and deadbeat. Ex then asks about his license and he said my boss said he would fire me if I dont go back with a license. So They also gave him back his license. I am so angry.

What happens with that then, will they suspend the license again if he doesn't continue paying (which I imagine after all this stuff in his favor he will not continue paying) how long or etc. How does that work or is he now "protected" from that penalty of license suspension? I mean one makes 3 full weeks payments prior to ocurt and bam hes a saint and gets license back for no reason. Admits to working under the table and files a 1099 but state refund is over $1200 and federal is over $2300, how.

I was told after court by someone that they dont think the taxes will be in by June either. Im sure Judge will just let him go again and again.

Is this anything anyone has ever heard of before?

I mean if only enforcements that will "affect" him are jail, license suspension, and property seizure then hes set and probably wont pay. Heck if I was him I wouldnt either. Look they are giving him everything and bowing to him.

They wont put him in jail, they gave back the license he defaulted on 3 sep agreements to get it back, then he doesnt have really property they can take- there is something they found but not sure what. So basically there are no punishments for him.

My case investigator cant help me with anything, constantly telling me "i dont know" "i dont know how or why"...Hes the guy who is supposed to get me answers right?

 

[BL]

The case worker ( CSEU ) jobs are to try and collect .

Ultimately it's the Judges decision on what transpires .

He ( through his attorney ) have demonstrated an amount equal to the purge , at least for now , even though most of it is not tangible at this time .

He was granted his license for work . Without work , no CS .

It may not seem fair to you right now , but hang in there .

Look at it this way , If he were to do 6 months , you wouldn't see any amount .

You would have to make due with what you have , or work extra yourself .

 

[2Mistakes]

They have court on Saturday?

 

[Momto1yrold]

The case worker ( CSEU ) jobs are to try and collect .

Ultimately it's the Judges decision on what transpires .

He ( through his attorney ) have demonstrated an amount equal to the purge , at least for now , even though most of it is not tangible at this time .

He was granted his license for work . Without work , no CS .

It may not seem fair to you right now , but hang in there .

Look at it this way , If he were to do 6 months , you wouldn't see any amount .

You would have to make due with what you have , or work extra yourself .

Yes I realize no work means no support. I have gone several months with out a single payment, ive been there on more than one occasion. He needs to realize the seriousness of this situation and that you just cant stop paying support then go to court saying you support 4 (3 grown) step children and your sahw. Hes getting paid cash no way to tell if its true amount. But I feel hes lying cause of his experience in construction and becasue his monthly bills add up to $4000+ a month very high compared to his monthly pay of $1600 and below(if it rains or snows its less).

He says hes back now 3 or 4 yrs on his house/property taxes. Govt doesnt let you go that long without paying them and he claims those taxes on his income taxes (i believe you need proof you paid to claim that expense/deduction).

A lot of things he is saying do not add up.

The tax thing isnt proof im getting that money. His wife is still entitled to file injured spouse form keeping most of that money.

They have court on Saturday?

No, Sorry I copied and pasted top part. I had court yesterday.

 

[hearts41]

Hi momto1yearold: I know its frustrating, hang in there. Believe it or not the CSE agencey is doing what they can, they are probably overwhelmed with cases just like yours, just like mine, and they are trying hard to get money for us, and for our children. I get frustrated too, my x is way behind in Child support, as a matter of fact I can't remember a time when he didn't have an arrears. He quits jobs whenever he feels like it and then of course doesn't pay his support for months at a time, very frustrating. I learned a long long time to never rely on child support for anything, if it comes in terrific, if not then so be it. I keep fighting for it of course but I don't build my budget around it.

Best of luck to you, hope things all work out at the next hearing.

 

[Momto1yrold]

Thank you Hearts41. I am frustrated with this county both in enforcement and in court. I cant deal with this judge anymore but I will seek advice in that county on whether or not i should.

Plus the county my case is in now is too busy for me.

I dotn rely on it either but it would be nice. Also would be nice to get some actions taken against him this has been a long time coming. This was my first violation petition filed and hes been doing this on and off since dec of 2005 so its not new either which is why i dont understand the judges reasoning.