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Old 10-14-2009, 07:33 PM   #1
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humm Contempt, Bench Warrant, wah't???

Okay so Im so lost on all this contempt of court, bench warrant stuff. I spoke with my case worker a few mins ago before they closed and told her theres is a big possibility he left town but only place he couldve gone is to move in with his sibling. I gave her the siblings address and landline and cell phone number. She said that they can long arm serve him over there so if that is the case dont worry but anyways, if he doesn't show for the paternity establishment court date coming up she said he will be held in contempt. What does that mean exactly? Personally I dont see why they have to serve him yet again for the coming court date but whatever but my concern is if he doesn't show and him being held in contempt at that point...

Does that mean he can be arrested or they give him another big timeframe to plead his case? I ask cuz if he gets arrested behind this his family is going to go bananas and they will most likely be gunning for me so just want to know what to expect. Anyone been through what happens if the ncp didn't show for court? Thanx.
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Old 10-14-2009, 07:49 PM   #2
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Default Re: Contempt, Bench Warrant, wah't???

yep, I won by default.
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Old 10-14-2009, 08:02 PM   #3
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Default Re: Contempt, Bench Warrant, wah't???

Contempt can have many remedies, default is one, bench warrant for arrest is another, a fine is yet another one. Depends on the judge and the judges whim.

Long arm service merely means serving over state lines. It refers to the states jurisdiction over your ex and the ability to compel him to court.

I wish I could tell you what remedy the court would choose, but the state of Louisiana is a beast and there is no telling.
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Old 10-14-2009, 10:45 PM   #4
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Default Re: Contempt, Bench Warrant, wah't???

Quote:
Originally Posted by Law Student Lisa View Post
I wish I could tell you what remedy the court would choose, but the state of Louisiana is a beast and there is no telling.
Aint that the truth! *Sigh* Funny thing is my case worker said the same thing but it was more like I really don't know what to tell you. At first I was upset like um ok but now I see what you mean by all the options. Guess it just depends on the assigned judges mood and if he even shows or not. Thank you for clarifying. It will be interesting to see what unfolds...

---------- Post added at 08:45 PM ---------- Previous post was at 08:42 PM ----------

Quote:
Originally Posted by idig View Post
yep, I won by default.
Idig, when you won by default was that the end of it, did he get a bench warrant put out for no show or being put in default was it? Curious...
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Old 10-14-2009, 10:46 PM   #5
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Default Re: Contempt, Bench Warrant, wah't???

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Originally Posted by SandSMom28 View Post
It will be interesting to see what unfolds...
Yeah, it sure will. Scoff-law like this guy? I hope they lower the boom on him.
End of the world as he knows it. Keeping fingers crossed.....
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Old 10-14-2009, 10:53 PM   #6
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Default Re: Contempt, Bench Warrant, wah't???

He was found in contempt of the original order of support and a few other points, like he is supposed to have a like insurance policy in M's name which he has never had, he still had not paid me for the portion of the divorce costs we agreed upon. Things like that.

I was in a different situation though. The judge was aware that he was about to sell out his portion of the one remaining asset he had from an inheritance (he had already run through over 100k in less than a year). The court date was set in order to give me time to act on it. When the order was prepared he filed it from the bench. I literally made it to the courthouse where the property was in the nick of time. After the nick of time truth be told. I called the probate office of that court and explained my situation, the girls there stayed until I could get there before closing up.

I got some back support and I got his unsupervised visitation taken until such time as he will take drug tests. He moved away within 2 months and dropped all contact with M.
(Sorry if that is too much information )

---------- Post added at 08:53 PM ---------- Previous post was at 08:52 PM ----------

Oh, and to answer your question, no, there was not a warrant issued.
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Old 10-14-2009, 10:57 PM   #7
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Default Re: Contempt, Bench Warrant, wah't???

Also, idig was married. If I am correct, this first portion of your cs case is dealing with actually determining paternity......so this is a bit different.
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Old 10-14-2009, 10:57 PM   #8
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Default Re: Contempt, Bench Warrant, wah't???

Oh, and he hasn't paid another dime since. He is currently 21 months behind again, has not gotten life insurance (tough to do when you can't pass a drug test), nor has he made any attempt to provide medical insurance as he is required to do (Iwouldn't let him anyway - he did for one year and then dropped it without telling me leaving M uninsured for a month while I scrambled to get him back on my policy....that will never happen again)
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Old 10-14-2009, 10:57 PM   #9
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Default Re: Contempt, Bench Warrant, wah't???

Nah Idig its cool...thanks for sharing and I guess I ask cuz Im like Blue I hope for...

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Originally Posted by Bluesmom View Post
End of the world as he knows it.
EXACTLY that!
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Old 10-14-2009, 10:59 PM   #10
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Default Re: Contempt, Bench Warrant, wah't???

Quote:
Originally Posted by Law Student Lisa View Post
Also, idig was married. If I am correct, this first portion of your cs case is dealing with actually determining paternity......so this is a bit different.
Yes, mine was me filing for a modification from the divorce decree and asking he be found in contempt for not paying support, etc.....
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Old 10-14-2009, 11:02 PM   #11
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Default Re: Contempt, Bench Warrant, wah't???

Forgot to add since Louisiana is crazy when it comes to law maybe he will get both default and the warrant since he's on probation and all which requires him to be present at all court proceedings (unless of course I guess if he xferred his probation to TN). My case worker also said his p.o. never called her back (Im thinking it is cuz she knows she let him leave town and didn't want to have to tell us.) Whateva! All I can do is see when things go down. Waiting sux!
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Old 10-14-2009, 11:06 PM   #12
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Default Re: Contempt, Bench Warrant, wah't???

Just remember, he can't pay support in jail.......
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Old 10-14-2009, 11:10 PM   #13
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Default Re: Contempt, Bench Warrant, wah't???

He's still in violation of his probation, regardless of where he resides, if he does not show. Remember that. I am assuming it is a requirement and therefore, he has to show either in person or by phone, or he could be violated. It would simply take you calling his new PO in the other state [that is if he really moved]. Remember you are dealing with gov't officials. I hardly ever get call backs from probation officers.
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