Does anyone know what i should expect in court?

Question

I am taking my ex to court for child support. Well, actually, the state of Alabama is taking him. He has not paid support for our 3 kids in nearly a year and the state finally filed a contempt order against him. We go to court in 3 week and he owes over $5000.00 in back support. Some people are telling me don't expect much that more than likely they'll give him a chance and chew his butt out but no jail time. That just doesn't seem fair. I mean i realize if he is in jail he very well can't pay, but at the same time it's apparent that he's not going to pay regardless so i say put his butt in jail. My friend says it's almost sickening how lenient the court is to these deadbeats for about 6 months before they finally crack down on them. He has a good paying job so he has no reason not to pay however, he works for cash money, no taxes so they can't file an order to withhold on him. Just wondering if anyone else has experienced this and what happened on your first trip to court? Thanks

Answer 1

Well, I know in the state of Ohio, if you fall behind too far, as in your case, they revoke license privileges. Maybe this could be the case there as well.

You will have your say at court. You will be able to mention the details about his job, (works for cash) and what not. You'll also be able to let them know the in's and outs of the situation. The judges usually consider the woman's side of the story heavily, so just be honest, but tell the truth.

A lot of times, they do end up in jail. I realize you want justice, and you want your money (raising children alone is no fun, I empathize) but if he does go to jail, that will inevitably put him even that much more behind in payments.

They could garnish his wages, at which you can request!! It's a tough situation, but he should have to pay. It's only fair!

Bring in all your bills/pay stubs, doctor expenses, etc. Show the court how much you pay (save receipts of what you spend on the children such as school fees, shoes, etc) and the court will most definitely consider all your costs.

Just be calm, professional, and collected to show the court your are a mature, responsible mother that deserves the fairness of his help! You'll get it, again whether they garnish wages, revoke driving, or jail him. The more he gets behind, the more serious the crime!

Answer 2

Maybe it would be a good idea to involve the IRS in this ,,,, They could have a hay day with this guy and the guy that's paying him ,,,, One thing you can't avoid is death and taxes ,,,, The IRS handles the tax part ,,,, If the court knows about the financial arrangement between him and his employer I'm surprised that he's getting away with this at all ,,,, Maybe it would be a good idea to seek legal counsel about this ,,,, There are laws to handle dead beat dads ,,,, This dead beat is not going to do anything to square his account with you unless things get uncomfortable for him and he's forced to ,,,, A lawyer could force this issue and get something done and also make your X responsible for his fee too ,,,,     //

Answer 3

I live in Ohio. In my state the first punishment that they deal out is driving privileges revoked. I know a few people who have had this happen to them but they actually just don't have any money. If the court knows that he has money and is hiding his income ( of course you need proof ) hear say doesn't get it.. then he will likely get some jail time if he doesn't straighten up and start paying. A contempt charge is slightly different than failure to pay. What I mean is that the court would see no sense in jailing a person who simply has no way to pay. A person who blatantly refuses and has the money is going to irritate the judge.

Answer 4

They will send him a piece of paper to write down all his expenses and wages, medical expenses etc.  He will turn that in and they will determine what he must pay monthly.  He will most likely have his monthly payments changed and then they will tack on some extra to get the back support paid.  My ex went through this. They should be taking all of his tax rebates and tax checks also.  You will not get the money in a lump sum, they will make him pay it off.  They should also be garnishing his monthly support payments.  Of course that only works if he is working.  My ex has pretty much gotten away without paying his monthly amount, his debt is growing also.  

Answer 5

First trip, do you know how lucky you are going so far as court.....

Be lucky he gets even a chewing out by the courts. You on the other hand might look like a greedy mother, then if you are not letting him see the kids oh boy!!

I hope you have a good attorney, you don't have one, told you don't need one for court.....ya whatever.  

They can only go on his paychecks, so on paper if being paid cash he is destitute with no income.  If he has his house, car other things in someone elses name well.....it is not right but these dead beats will do anything to get out of there responsibilities!  

Good luck in court!  

Answer 6

In Canada you can't get your Driver's license renewed or register a car if you have outstanding child support payments.