My ex has violated two court orders for support from the same judge, I filed a violation each time, go to the intitial hearing, then 5 moths later I get a court date for which another my ex gets another judgement. each time saying "Violating this court order could result in jail time". Just to have it violated again. I am thinking of small claims court instead of family court.
2006-12-14 04:44:38 · 16 answers · asked by gayle2renee 1 in Family & Relationships ➔ Marriage & Divorce
Remind the judge that the ruling was to abide by the decision or go to jail. Just remember that he cannot pay you from jail and will lose wages while there, so he will get behind anyway. Try to get child services involved to collect for you through the state and then they issue violations, and the court abides by the decision in court.
2006-12-14 04:48:19 · answer #1 · answered by mayihelpyou 5 · 0⤊ 0⤋
If you have an attorney, he should be able to help. If not, ask for a contempt citation. Unless he is a "drinking buddy" of the judges he should wind up doing time. Judges don't like to jail someone, unless there is no other recourse. They feel that as long as he is out, there is a chance that he will pay. You might also request that the court order a wage assignment, which would go directly to his employer. If your ex then quits or gets fired, you will have to go throught he whole process again. It is unfortunate, but it is the way things go.
2006-12-14 04:53:05 · answer #2 · answered by Beau R 7 · 0⤊ 0⤋
this can go on for ages. and keep in mind that it "could" result in jail time. that's just a scare tactic that can go on for ages. doesn't mean at some point it won't happen, it will just take a few years of continuing to violate the court order.
Small claims won't do anything for you really. it will cost you more trying to get the money then it the money itself.
What you could do is take this issue with Child Support Services. They will take the order you have and enforce it. They will first suspend his license, garnish his wages and then send a warrant out for his arrest. and for warrants like these....nobody goes out to hunt him down. it's usually when they get pulled over by a cop that his license is run through the system that they actually find out.
2006-12-14 04:55:10 · answer #3 · answered by Bella 5 · 0⤊ 0⤋
You didn't say what the violation is--so I can only think it is for support?? If so than you need to go to the District Attorney's Office Go to family support division and file a claim there--Thee they will contact him to work with him and if he doesn't comply they will attach his wages--It takes some time to jump thru the hoops but in the end you will get support every month and back support too till its caught up--the thing here is to keep all the receipts and deposit slips---I ran into some problems once and had all my ducks in a row so it was resolved quickly--
2006-12-14 04:53:25 · answer #4 · answered by skizzle-d-wizzle 4 · 0⤊ 0⤋
Request a different Judge. Maybe there is something going on in the background with the Judge you have previously had. Somethings not right here. My ex doesn't pay and when he gets to a certain amount owed his license gets taken away and since he needs it to work he has to pay but somehow he gets around it all the time. I think it is because of the Judge. I am also requesting a different Judge and we'll see how it goes.
2006-12-14 04:51:14 · answer #5 · answered by Karen A 3 · 0⤊ 0⤋
If its for child support, he may be avoiding jail time by continuously telling the judge he is seeking employment. If he can show that he is actively searching for work but not getting hired they will cut him some slack. Its an unfortunate loop hole. Eventually they will get him though. You could possibly request a new judge review your case also. Seek out an attorney.
2006-12-14 04:50:47 · answer #6 · answered by www.treasuretrooper.com/186861 4 · 0⤊ 0⤋
Speak with the prosecuting attorney. If that doesn't work, speak with a private one to see what next possible steps can be taken. Ask them if they can at least give you another referral to someone in your area that you can speak with. You may be able to file a conflict of interest against the judge. This will prolong things, but in the long run, seeing another judge could benefit you. You may also be able to speak with the attorney general for your area.
2006-12-14 04:52:02 · answer #7 · answered by bbygirl529 2 · 0⤊ 0⤋
you need a lawyer laws suck they won't do anything unless you fight back get the news in on it you never know he could have friends in the court a guy here was in a barn with 2 under aged boys and got realest on his reconciles and a man was arrested that same night for being drunk and breaking down his own door and had to stay the night so that should tell you how messed up are laws are a drug dealer gets more then a rapist
2006-12-14 04:58:56 · answer #8 · answered by rue 2 · 0⤊ 0⤋
I wish you luck. I doubt you'll get much. My wife's ex owes her over $35,000 in back child support. The most he's had to do was sit in jail for two weeks. Courts don't much care, so deadbeats simply ignore the orders.
2006-12-14 05:09:36 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Certainly you should be able to have this enforced. In Ontario, Canada people can have their support payments taken from their partners paycheck, you should talk with a lawyer and see if this is possible in your area also. This is a great way to make drop dead fathers responsible.
2006-12-14 04:49:22 · answer #10 · answered by crazylegs 7 · 0⤊ 0⤋