Results 1 to 3 of 3
  1. #1

    Default Ex in Contempt of Court Order

    My question involves child support in the State of: Arizona.

    Well, my situation is this. My ex wife is in arrears in the amount of $11,300.00 and she is now six months behind on her monthly payment of 723.00. I was told personally by her that she does not want to go out and get another job because the support order will take half of her checks?? Now, she is filing to get the support amount modified.

    What do I need to do to get her in front of the judge again for contempt? I keep going back to the DCSE, but they seem to be dragging their feet on this. Like I said before she has not paid now in six months, she is in arrears, and she has told me personally she is not going to get another job yet she has a house and a car all with no money coming in (most likely working under the table) and she is doing this in a very expensive part of a certain city.

    One more thing also, she has continued to recieve her stimulus checks in the past and most likely any returns...I have not recieved one intercepted tax return or stimulus check.

    What is the outcome of this going to be here in Arizona? This is for three kids that she barely even sees as it is which she has been recieving visitation credit for with her support payments from the start and now she wants to try and modify that? How? Can she also be convicted of perjury if she tells the judge "she can't find a job"?? She is healthy and very capable of attaining gainful employment.

    What needs to be done to have the judge get her in the court and hold her accountable for her actions? Will she lose her license if she is not in the same state anymore? Is there a possibility of her being arrested for being in contempt until the arrears are satisfied?

    Thank you for your generous time to anyone that answers these questions for me.

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Ex in Contempt of Court Order

    If she's that far behind in support, when she petitions the court for modification, show and state your case. her motion to modify does not preclude what she was order to pay. At the hearing, raise the fact that she owes, show proof of such, and let the judge decide. If she's that far in arrears, the judge will most likely find her in contempt and order her jailed or will issue stipulations and a time frame for her to catch up.

    If she does not file for modification, you can petition the Friend of the Court and request a contempt hearing on the basis that she's $11K behind. In Michigan, if you're $5K behind (more or less), she would find herself in jail.

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Ex in Contempt of Court Order

    Quote Quoting M'sta Mikey
    View Post
    If she's that far behind in support, when she petitions the court for modification, show and state your case. her motion to modify does not preclude what she was order to pay. At the hearing, raise the fact that she owes, show proof of such, and let the judge decide. If she's that far in arrears, the judge will most likely find her in contempt and order her jailed or will issue stipulations and a time frame for her to catch up.

    If she does not file for modification, you can petition the Friend of the Court and request a contempt hearing on the basis that she's $11K behind. In Michigan, if you're $5K behind (more or less), she would find herself in jail.
    In addition to this good advice, you also need to talk to your CSE caseworker and request that they put in for tax refund intercepts. If they had done that you would have recieved at least the stimulous check.

    1. Sponsored Links
       

Similar Threads

  1. Criminal Contempt of Court: Failure to Comply With a Court Order, and Contempt of Court
    By totallyfrustrated in forum Criminal Charges
    Replies: 2
    Last Post: 03-08-2011, 04:28 AM
  2. Collection and Enforcement: Do You Have to Go Through CSEA to File for Contempt of Court Order
    By singlemom22009 in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 06-01-2010, 05:37 PM
  3. Contempt Of Court Order Regarding Tax Deduction
    By ranger068 in forum Child Custody, Support and Visitation
    Replies: 10
    Last Post: 08-25-2008, 01:00 PM
  4. Arrest Warrants: Attachment for contempt order
    By splitin88 in forum Criminal Procedure
    Replies: 1
    Last Post: 02-05-2007, 09:05 PM
  5. Defamation: Getting a contempt order over defamation
    By kriky in forum Defamation, Slander And Libel
    Replies: 4
    Last Post: 02-03-2006, 07:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources