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Old 08-21-2013, 10:40 AM   #1
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Hey everyone been awhile since I have been on here. Took sometime to evaluate my life and my choices, but I am back now more aware of my actions, and making better decisions.

I do have questions though. My ex goes to his second court hearing in a month for not paying child support and the state has gone after him for it not even me. I am required to go to this hearing and I am really curious as to what will happen to him. On the day of the court hearing if he does not starting paying support now he will be over $2000 behind for me and for the other mom I think $2500, but she is in a different county so she doesnt count in my hearing. He has been unemployed for 8 1/2 months and has made no effort in getting a job. His license is already suspended for a traffic reason, so they can't do that to him, he has no property so they can't take that from him, he has no loans or grants or anything along the line of that since he is so far in debt from his truck being repod. So I am worried that they will yet again give him a slap on the wrist. I have been providing the diapers for K at his house for his visitation so that K is put in the proper diaper and size. I pay the medical bills that are not covered by insurance. I have given him about $200 worth of diapers and paid about $100 worth of medical bills. Will they take this into consideration, I have 2 jobs attempting to get a 3 to pay for everything and I barely see K due to having to work all the time to make sure K has everything he needs at my home and his father's house.

So what I am asking what is the possible things for him to have happen to him when we go to court since he has so little to take away as a consequence for not providing for his son.
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Old 08-21-2013, 11:13 AM   #2
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Default Re: Court

So I take it this is his second hearing due to exercising his right/or waiving his right to private counsel?

It all varies really. There is no "standard" of what may happen. Will they take into consideration what you spend to raise your son? Probably not.

That said, I would request to speak and let the Judge know how hard you are working to make sure K has what he needs. The CP talking just adds a face to the case, and I suppose makes it a bit more personal...?

Sometimes the Judge may give a minimum job search requirement, sometimes they may get jail, sometimes it's a purge order for a certain amount. I know here, they typically go for 3months of support. Which in my state, slow as they work, it may already be the eighth-ninth month of no payment...but every little bit helps.

Unfortunately there are no definite answers. A Judge can order as they see fit.

Good luck & nice to see ya back and giving support to other single parents
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Old 08-21-2013, 11:49 AM   #3
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Default Re: Court

YM!

Welcome back!

So glad to see you making better choices! I sure hope you got the anger under control at this point.

As WS stated, the judge can do many different things...or nothing at all...Hopefully he'll rule in your favor though!

Best of luck!
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Old 08-21-2013, 12:12 PM   #4
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Default Re: Court

YM I am so happy to see you back with such level headed posts, on my thread and on this one. It seems you have made great strides (meanwhile I've been backsliding )

The judge will definitely factor in your struggles. At my CS hearing (the first I had with my ex) the magistrate told him he was lucky I was on the ball and caring for R because he was not. He got jail time which he will probably be serving soon since he did not comply with the terms of purging his sentence to avoid jail.

My ex was and still is over $10k in arrears (he was at 12k but did make two payments of his regular support which includes arrears, so now he is just at 10,530), so that might be a difference in our cases. But in any event the listed consequences for my ex at our first hearing were:

-Suspended jail sentence of 10 days, with 30 recommended to be added at sentencing if he did not comply
-Find and maintain full time employment (obviously not hugely enforceable, but still)
-Stay current on his support payments including arrears (paying in full and on time)
-Pay a purge of $1000 additionally by August 1.

He didn’t comply so he will be facing the music soon! Anyway I hope that helps with expectations. However states and magistrates vary wildly in how they handle these things and I think the prevailing sentiment is if they are in jail they can’t pay support. But for people like our exes who COULD be making the money and are choosing not to, jail is a good motivator.
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Old 08-21-2013, 02:14 PM   #5
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Default Re: Court

Thanks all.


That is what I was guessing.this is the second hearing for us. I was not allowed to go to the first hearing but am required to go to this one. I'm hoping they will see it that way as well. But who knows with my ex someone will bail him out so he doesn't face jail time or the judge will ket him off. I'm not getting my hopes up but if he does go to jail I have a feeling his sentence will get extented for fighting with someone or something like.
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