Being threatened for prosecution after being convicted already for same child

[exwithagrudge]

What is the name of your state (only U.S. law)? Indiana
hi there, i am needing some advice on my current situation. to begin with, i was prosecuted and convicted of non-support of a dependent child back in 2003. i served a 2 yr sentence in prison(half of the 4 that was given to me). I was the first person in dubois county to convicted of such and was told i was being made an example. that being said, i just received a letter from the dubois county prosecutor saying that i was in arrears and was possibly facing prosecution if i didn't start making regular support payments. the I.C. is the exact same code violation as the one i was convicted of back in 2003.
now, one thing should be said here... i have not and will not pay support in this case... my boy will be 18 in december and i have NEVER spent more than 5 minutes alone with him...EVER!!!!.. my ex has done everything she can to prevent me from being with my son, hence my previous conviction. when visitation and support were first established i lived in ohio and the court thought it necessary for there to be "supervised" visitation per my exes request...we(fiancee and i) did this 4 times...when it came time for my ex to travel to ohio, she refused... a little after that i moved back to indiana ( leaving my fiancee) to try and work on my relationship with my son. i was denied time and time again but i didn't have the resources or the funds to pursue it as she did... now, 17 years later i am $59,000 in arrears. my son has neither wanted or needed anything his entire life..except me maybe.
now, about a month ago i heard through a mutual friend that my ex has been evicted from her trailer court where she pays lot rent on a trailer she has owned for 15 years. also about a month ago i received the letter mentioned above... she has always been this hateful and vengeful towards me...to the point of asking me if i would ever "sexually" do anything to my son!...WTF?!!! every since that moment(when he was only 1 year old) i have never had anything to do with her and she knows that is why. and every since then i have more than paid the price for rejecting her. i have stopped by to see him a handful of times but have always felt inadequate due to the ****ty looks i received from his mother and him. i haven't seen him now in almost 10 years. i have lost my drivers license, fishing license and every tax check i have received in the past 10 years. to the point now i refuse to work and me and my current wife of 5 years have to file an injured spouse claim where we don't even get it until july.
my question here is, can i be prosecuted twice for the same case and victim, or is the prosecutor thinking i am an idiot?... at the bottom of this page it says "to avoid further collections actions i will need to make regular payments or pay my arrears in full by august 11, 2014" any and all help will be appreciated! thank you

 

[Zigner]

What is the name of your state (only U.S. law)? Indiana
hi there, i am needing some advice on my current situation. to begin with, i was prosecuted and convicted of non-support of a dependent child back in 2003. i served a 2 yr sentence in prison(half of the 4 that was given to me). I was the first person in dubois county to convicted of such and was told i was being made an example. that being said, i just received a letter from the dubois county prosecutor saying that i was in arrears and was possibly facing prosecution if i didn't start making regular support payments. the I.C. is the exact same code violation as the one i was convicted of back in 2003.
now, one thing should be said here... i have not and will not pay support in this case... my boy will be 18 in december and i have NEVER spent more than 5 minutes alone with him...EVER!!!!.. my ex has done everything she can to prevent me from being with my son, hence my previous conviction. when visitation and support were first established i lived in ohio and the court thought it necessary for there to be "supervised" visitation per my exes request...we(fiancee and i) did this 4 times...when it came time for my ex to travel to ohio, she refused... a little after that i moved back to indiana ( leaving my fiancee) to try and work on my relationship with my son. i was denied time and time again but i didn't have the resources or the funds to pursue it as she did... now, 17 years later i am $59,000 in arrears. my son has neither wanted or needed anything his entire life..except me maybe.
now, about a month ago i heard through a mutual friend that my ex has been evicted from her trailer court where she pays lot rent on a trailer she has owned for 15 years. also about a month ago i received the letter mentioned above... she has always been this hateful and vengeful towards me...to the point of asking me if i would ever "sexually" do anything to my son!...WTF?!!! every since that moment(when he was only 1 year old) i have never had anything to do with her and she knows that is why. and every since then i have more than paid the price for rejecting her. i have stopped by to see him a handful of times but have always felt inadequate due to the ****ty looks i received from his mother and him. i haven't seen him now in almost 10 years. i have lost my drivers license, fishing license and every tax check i have received in the past 10 years. to the point now i refuse to work and me and my current wife of 5 years have to file an injured spouse claim where we don't even get it until july.
my question here is, can i be prosecuted twice for the same case and victim, or is the prosecutor thinking i am an idiot?... at the bottom of this page it says "to avoid further collections actions i will need to make regular payments or pay my arrears in full by august 11, 2014" any and all help will be appreciated! thank you

Help? Really? You KNOW what you need to do. Get a job and support your kid!

 

[I'mTheFather]

Are you thinking double jeopardy?

It's not.

 

[Proserpina]

What I find truly despicable is that the child went for so long without support for no other reason that the donor was upset with Mom.

Ah well. Karma.

 

[aardvarc]

This one is really easy:

i have not and will not pay support in this case

Enjoy prison.

my question here is, can i be prosecuted twice for the same case and victim, or is the prosecutor thinking i am an idiot?

You are an idiot. Serving time in prison for not supporting your child didn't make the obligation of support go away. You didn't serve time INSTEAD of owing support. You served time to help you understand that the court was serious about its order to pay. If you continue to be in contempt of the court's order, then you can expect that every time you serve your sentence and remain in contempt that the court will simply keep bringing new charges of contempt and sentencing and incarcerating you until you comply.

Problems between you and your ex don't impact your duty to support your child.

 

[Silverplum]

Your X does not have the "grudge." YOU do.

Further, the Courts are pursuing you for your nonpayment, not Mom.

 

[single317dad]

What is the name of your state (only U.S. law)? Indiana
i have not and will not pay support in this case... I was the first person in dubois county to convicted of such... i have lost my drivers license, fishing license and every tax check i have received in the past 10 years. to the point now i refuse to work and me and my current wife of 5 years have to file an injured spouse claim where we don't even get it until july.

Way to be "that guy". Have fun being the first person in Dubois County convicted under the new sentencing guidelines implemented July 1 (up to 6 years now!) Maybe someone will pursue you for tax fraud, too.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Indiana
hi there, i am needing some advice on my current situation. to begin with, i was prosecuted and convicted of non-support of a dependent child back in 2003. i served a 2 yr sentence in prison(half of the 4 that was given to me). I was the first person in dubois county to convicted of such and was told i was being made an example. that being said, i just received a letter from the dubois county prosecutor saying that i was in arrears and was possibly facing prosecution if i didn't start making regular support payments. the I.C. is the exact same code violation as the one i was convicted of back in 2003.

And you can be convicted again.

now, one thing should be said here... i have not and will not pay support in this case...

Enjoy your time in prison.

my boy will be 18 in december and i have NEVER spent more than 5 minutes alone with him...EVER!!!!.. my ex has done everything she can to prevent me from being with my son, hence my previous conviction. when visitation and support were first established i lived in ohio and the court thought it necessary for there to be "supervised" visitation per my exes request...we(fiancee and i) did this 4 times...when it came time for my ex to travel to ohio, she refused... a little after that i moved back to indiana ( leaving my fiancee) to try and work on my relationship with my son. i was denied time and time again but i didn't have the resources or the funds to pursue it as she did... now, 17 years later i am $59,000 in arrears. my son has neither wanted or needed anything his entire life..except me maybe.

What did the court order state? You should have enforced your rights. Child support is NOT an admission fee to see your child. You are a deadbeat.

now, about a month ago i heard through a mutual friend that my ex has been evicted from her trailer court where she pays lot rent on a trailer she has owned for 15 years. also about a month ago i received the letter mentioned above...

Maybe if you had EVER supported your son and paid child support, she would not have been evicted.

she has always been this hateful and vengeful towards me...to the point of asking me if i would ever "sexually" do anything to my son!...WTF?!!! every since that moment(when he was only 1 year old) i have never had anything to do with her and she knows that is why. and every since then i have more than paid the price for rejecting her. i have stopped by to see him a handful of times but have always felt inadequate due to the ****ty looks i received from his mother and him. i haven't seen him now in almost 10 years. i have lost my drivers license, fishing license and every tax check i have received in the past 10 years. to the point now i refuse to work and me and my current wife of 5 years have to file an injured spouse claim where we don't even get it until july.
my question here is, can i be prosecuted twice for the same case and victim, or is the prosecutor thinking i am an idiot?...

Yes you can be prosecuted for this. Because this is for the lack of support SINCE your last case.

at the bottom of this page it says "to avoid further collections actions i will need to make regular payments or pay my arrears in full by august 11, 2014" any and all help will be appreciated! thank you

Good luck on that?

ETA: What others have already said.

 

[stealth2]

What is the name of your state (only U.S. law)? Indiana
hi there, i am needing some advice on my current situation. to begin with, i was prosecuted and convicted of non-support of a dependent child back in 2003. i served a 2 yr sentence in prison(half of the 4 that was given to me). I was the first person in dubois county to convicted of such and was told i was being made an example. that being said, i just received a letter from the dubois county prosecutor saying that i was in arrears and was possibly facing prosecution if i didn't start making regular support payments. the I.C. is the exact same code violation as the one i was convicted of back in 2003.
now, one thing should be said here... i have not and will not pay support in this case... my boy will be 18 in december and i have NEVER spent more than 5 minutes alone with him...EVER!!!!.. my ex has done everything she can to prevent me from being with my son, hence my previous conviction. when visitation and support were first established i lived in ohio and the court thought it necessary for there to be "supervised" visitation per my exes request...we(fiancee and i) did this 4 times...when it came time for my ex to travel to ohio, she refused... a little after that i moved back to indiana ( leaving my fiancee) to try and work on my relationship with my son. i was denied time and time again but i didn't have the resources or the funds to pursue it as she did... now, 17 years later i am $59,000 in arrears. my son has neither wanted or needed anything his entire life..except me maybe.
now, about a month ago i heard through a mutual friend that my ex has been evicted from her trailer court where she pays lot rent on a trailer she has owned for 15 years. also about a month ago i received the letter mentioned above... she has always been this hateful and vengeful towards me...to the point of asking me if i would ever "sexually" do anything to my son!...WTF?!!! every since that moment(when he was only 1 year old) i have never had anything to do with her and she knows that is why. and every since then i have more than paid the price for rejecting her. i have stopped by to see him a handful of times but have always felt inadequate due to the ****ty looks i received from his mother and him. i haven't seen him now in almost 10 years. i have lost my drivers license, fishing license and every tax check i have received in the past 10 years. to the point now i refuse to work and me and my current wife of 5 years have to file an injured spouse claim where we don't even get it until july.
my question here is, can i be prosecuted twice for the same case and victim, or is the prosecutor thinking i am an idiot?... at the bottom of this page it says "to avoid further collections actions i will need to make regular payments or pay my arrears in full by august 11, 2014" any and all help will be appreciated! thank you

So, when you openned Webster's (I shall assume you know what that is), you saw your picture next to DEADBEAT?

<spit>

 

[LdiJ]

Way to be "that guy". Have fun being the first person in Dubois County convicted under the new sentencing guidelines implemented July 1 (up to 6 years now!) Maybe someone will pursue you for tax fraud, too.

For the sake of others reading this thread...there is no tax fraud here. Utter stupidity, but no tax fraud.

 

[stealth2]

What is the name of your state (only U.S. law)? at the bottom of this page it says "to avoid further collections actions i will need to make regular payments or pay my arrears in full by august 11, 2014" any and all help will be appreciated! thank you

Well, you have five days left to pay it. Start digging through your sofa for spare change.

 

[TinkerBelleLuvr]

Each time you didn't pay the ordered amount is ANOTHER count for non-support. Enjoy prison.

 

[PaulMass]

the I.C. is the exact same code violation as the one i was convicted of back in 2003.

Although the code is the same, I suspect the violation is for payments missed since 2003, rather than the payments missed prior to 2003. Missing the post 2003 payments is a new crime. You owed child support from (roughly) 1996 through 2003 that you didn't pay. That's what landed you in the big house. You now owe support from 2003 through 2014. That, too, may end you up in the big house. Each missed payment constitutes a different crime.

my ex has done everything she can to prevent me from being with my son

Unfortunately, that does not help your case. The courts do not like self help. Withholding child support because your wife refused visitation was not the correct way to go about it. Your recourse was to file a motion for contempt. You didn't do that.

 

[Zigner]

Although the code is the same, I suspect the violation is for payments missed since 2003, rather than the payments missed prior to 2003. Missing the post 2003 payments is a new crime. You owed child support from (roughly) 1996 through 2003 that you didn't pay. That's what landed you in the big house. You now owe support from 2003 through 2014. That, too, may end you up in the big house. Each missed payment constitutes a different crime.



Unfortunately, that does not help your case. The courts do not like self help. Withholding child support because your wife refused visitation was not the correct way to go about it. Your recourse was to file a motion for contempt. You didn't do that.

You could have just said "Yeah, what they said" because this information was given above too.

 

[torimac]

I would just like to point out that visitation is on you. You decided not to fight for it. You decided not to fill out the paperwork and go to court to request enforcement of visitation orders. And if there were no orders? Then you decided not to go to court to request for enforceable visitation orders.
This is probably part of the reason why you have no relationship with nearly adult son. He knows you gave up on him. It's a hard thing to fogive, a parent giving up on their child, refusing to fight for visitation and refusing to support them. While he may have had a roof over his head and food in his belly for his childhood, every day he went to school and was reminded of the 'extras' that other kids had and he did not. One of those 'extras' included two parents active in his life.