Contempt of Court

[Loves5kids]

My question involves child support in the State of: West Virginia

Child is 18, and has left custodial parent's home.

There are arrearages from years ago when custodial parent disappeared with child and moved between several states (and didn't file for CS in that time). Noncustodial tried filing modification/contempt, etc... but was told without knowing custodial parents whereabouts there wasn't a place to file charges/court papers.

Anyways, years later found child, begin paying cs + % towards arrearages. My last job was a contracted job and it ended a couple months ago, I have no contact with custodial because they scream and yell obscentities at me the whole time. After a couple months I found a job, but it pays a lot less. I reported to BCSE my job the day I was hired, and they sent a letter to my employer that now has them taking 70% of my paycheck.

Well, I filed a modification of the order because 1.) child left home of custodial parent 2.) she is age of majority in WV, 3.) to modify arrearages based on our states statute of limitations, and 4.) because my income is less. In response I received papers from BCSE for a 'writ of execution' and a letter stating my case is up for contempt, that I'm going to jail until I pay full arrearages, etc... If I have a job, and my wages are being garnished, am I in contempt? The amount garnished isn't the full monthly amount requested by BCSE w/ arrearages %, b/c I don't make enough to pull the full amount out.

Will they send me to jail if my wages are being garnished? How long does it take to find out?
I don't want to get arrested two days before a holiday, I've seen that happen and the person spent a week in jail b/c there wasn't a family judge to view the case. And I have my other kids that live with me, one is a special needs child.

[Mr. Knowitall]

You will go to court and argue for modification, based upon whatever facts you have. They will argue that you should be held in contempt for your noncompliance with the order, and presumably that you have nonexempt assets that can be reached (via execution) to satisfy your arrears. The court will then decide what to do.

You have not indicated that there is a warrant for your arrest. If you are concerned that you might be jailed for contempt after the hearing, it would make sense for you to be prepared to show the court that your noncompliance with support orders is not for want of effort. Around these parts, for civil contempt hearings, if the defendant promises to pay an acceptable amount toward the arrears within a short amount of time the judge typically gives the defendant a few days to come up with that money. I cannot speak to practices in your county; for that type of specificity you need to consult a local lawyer. A local lawyer can also review the details of your case and may be able to advise you how the assigned judge is likely to rule, based upon past experiences with the judge.