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Question about contempt charges

missangie1978's picture

Submitted by missangie1978 on Thu, 05/08/2008 - 7:42pm

We are filing contempt charges on BM for not paying any child support. Does this mean we have to go to court as well?

I'm so sick of court

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new_step_mommy's picture

Submitted by new_step_mommy on Thu, 05/08/2008 - 8:29pm

however Im sure that if you ask your attorney if you can sit this one out he might let you. The judge looked at me and asked me "Do you want him to go to jail today?". So you might want to be there...... Wink

Nymh's picture

Submitted by Nymh on Fri, 05/09/2008 - 11:03am

Sometimes BF goes to court and sometimes his lawyer handles it for him. If you don't have a lawyer, you'll definitely have to go to court.

*~So sayeth Nymh~*

Nymh's picture

Submitted by Nymh on Sat, 05/10/2008 - 10:19am

Sometimes in contempt hearings they will assign attorney fees and court costs to the person in contempt, because it's their fault you're in court in the first place. It's a good idea to have a lawyer but not necessary, all they'll be asking you to do is testify that she hasn't paid. And, like the reply above, sometimes they'll let you help decide the repercussions (do you want them to go to jail or just levy taxes/garnish wages?).

A lot of times at this hearing you will be lucky if BM even shows up at all. In that case she will most likely be found guilty because she hasn't shown any evidence to prove that she wasn't in contempt. They may also issue a warrant for her arrest after a default ruling against her and failure to show up for court (yet another contempt charge which she will default to guilty for if she does not show). If she does show up, or if a lawyer shows up in her defense, they will try to prove that she was *unable* and not just *unwilling* to pay. Then the court will decide if she was in contempt.

...I think.

*~So sayeth Nymh~*