We have been divorced for a year, and separated almost two. We were in court In May of this year on a contempt charge I filed against him for non-payment. He was at the time four months behind, and the family court judge ordered him to pay the support he owed, and 1/5 court costs. There is a garnishment of wages clause in our decree, but the court will not enforce it because to them, its not considered a "hardship case". Many other cases go over $10,000 owed in back support, so they won't uphold the order at this level of contempt. He is at this time three months behind again, and we are preparing to take him back to court. I wonder what will happen this time diffferently since its his second time in front of the same judge, will they put him in jail? Will I finally get the garnishment judgement enforced? I just want him to do what is right by our kids. This has put me in substantial debt and my credit is screwed. Any educated guesses or experienced the same?
2007-09-07 09:42:31 · 11 answers · asked by B. 2 in Politics & Government ➔ Law & Ethics
I don't want him to go to jail, I was wondering if they would take him in when he got served with the papers since this is the second time, same judge, same issue, etc. I also had heard that this particular judge will sometimes give the defendants jail time in days equal to the months they are behind, if the are repeat offenders. I had not heard of that before. He doesn't seem to be afraid of jail now, he knows he is in contempt again, he says he doesn't care.
2007-09-07 09:55:54 · update #1
I ahve tried the local enforcement agencies, unfortunately they are so backlogged with many many cases that they have given me a 4- 6 month estimate on when I can expect a case worker to be available. That's why I have a lawyer, and we are going through the courts.
2007-09-07 10:00:29 · update #2
WOW! What does your lawyer say? Every case is different. Every judge is different. Every state has different laws.
2007-09-07 09:45:46 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
Well it depends were you are from here in Florida, I believe he would be facing jail and in order for him to be bail out he would have to pay whatever he owes in cash and it will come straight to you.Sometimes has mother we do not want nothing bad to happen to the father but if they do not care why should we?If he says he is not scare of jail well let him try it if he has never been there he will think about it more in jail there is nothing but enough time for a person to think about what they are doing wrong. about your debts just pray a lot and take it one day at a time, stressing yourself will only make it worst for you and family, it takes time to get it right but it will happened.
2007-09-15 05:00:29 · answer #2 · answered by alicay 1 · 0⤊ 0⤋
Chances are very slim, jail space is needed for hard core criminals. There isn't a debtors prison in this country. Your mistake is relying on the courts. It would be better to try using the many volunteer agencies that help collect support.
2007-09-07 09:48:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Get your Lawyer to attach his Federal Tax Returns, I know of a few Women who have done this. Your Lawyer should be able to handle this. I don't think he will go to jail because this is the good-boy all male revue who make the laws to try to keep honest Women from improving themselves.
2007-09-07 09:50:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
your ex is obviously not going to pay support. and if he is in jail he can't work and they feed him while you and your children, if any, do without. there is no way under todays laws that you can win until the penalty is severe enough for him to dread it more than all his other options. do yourself a favor and get as far away from this bum as possible. St Paul wrote that a man who would not care for his family should be treated as a heathen.
2007-09-15 06:19:45 · answer #5 · answered by Loren S 7 · 0⤊ 0⤋
I would think at this point he'd get tagged "habitual" and the garnishment would kick in. Jail ain't gonna pay anyone's bills.
2007-09-07 09:47:24 · answer #6 · answered by wizjp 7 · 0⤊ 0⤋
the respond is probable not small claims, yet you may desire to take him back to kin courtroom and seek for yet another order for contempt and ask the decide for extra damages. You probable does not have any greater advantageous good fortune with a small claims judgment than an order from kin courtroom.
2016-10-18 06:20:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Think of it like this. If he goes to jail he won't be making ANY money. Then what? How are you going to collect child support then?
2007-09-07 09:49:26 · answer #8 · answered by practical thinking 5 · 0⤊ 0⤋
Nothing at all. For if he is in jail, there is no chance of getting even a dime.
2007-09-07 09:53:03 · answer #9 · answered by cfb193 5 · 0⤊ 0⤋
The jails are overcrowded with real criminals, they don't have room for all the non-supporters.
2007-09-07 09:47:31 · answer #10 · answered by smartypants909 7 · 0⤊ 0⤋