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Can my court date be cancelled?

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S

seniorjudge

Guest
Q: ahh, so you think the state attorney is trying to pull the wool over my eyes and i should show up, even though he said he cancelled it?


A: No, I think if you're facing contempt of court and you have purged yourself of the contempt by paying all the arrearages, then it's best that you go to court and make sure the judge knows it.


This is my final answer. Bye-bye. I am starting to repeat myself.

This is my final answer. Bye-bye. I am starting to repeat myself.
 


tigger22472

Senior Member
Ok.. I only plan to post once so hopefully the OP will fully understand this.

1. You did not pay court ordered child support for over a year
2. The courts levied your bank account in order to get the funds to pay the arrears
3. You are current on the support (in your words)
4. You have a court date set up

Ok.. You MUST go to the court date to show that you have paid the arrears up. You MUST go to a court date at a later time to show you are still paying. You paid this time but obviously not willingly as a levy was put on your bank account. They may even insist on a court date AFTER that too for the same reason. Just because you're paying today doesn't mean you will tomorrow and you admitted you found an excuse not to pay, who says you won't again? You? You've already proven not to own up to your responsibilities once. Remember the saying "Fool me once, shame on you. Fool me twice, shame on me"?

And yes, do not mention the girlfriend in another state because it can come bite you in the a$$ because of yes, the gas and TIME that you take to drive two states away as well as the money and time on telephone that could of been used to support your children.

You will not be looking at jail time IF by the time you go to court in two weeks you are still paying. You may be ORDERED to another courthearing. If you are you must attend that hearing or a warrant for 'failure to appear' will be issued.
 
tigger22472 said:
Ok.. I only plan to post once so hopefully the OP will fully understand this.

1. You did not pay court ordered child support for over a year
2. The courts levied your bank account in order to get the funds to pay the arrears
3. You are current on the support (in your words)
4. You have a court date set up

Ok.. You MUST go to the court date to show that you have paid the arrears up. You MUST go to a court date at a later time to show you are still paying. You paid this time but obviously not willingly as a levy was put on your bank account. They may even insist on a court date AFTER that too for the same reason. Just because you're paying today doesn't mean you will tomorrow and you admitted you found an excuse not to pay, who says you won't again? You? You've already proven not to own up to your responsibilities once. Remember the saying "Fool me once, shame on you. Fool me twice, shame on me"?

And yes, do not mention the girlfriend in another state because it can come bite you in the a$$ because of yes, the gas and TIME that you take to drive two states away as well as the money and time on telephone that could of been used to support your children.

You will not be looking at jail time IF by the time you go to court in two weeks you are still paying. You may be ORDERED to another courthearing. If you are you must attend that hearing or a warrant for 'failure to appear' will be issued.


Well, I just talked to my old lawyer, who is still "sort of" my lawyer in that he's been helping me along with advice for free. He told me that although it was a little unusual, that the states attorney would not lie to me and that i dont have to go to court. So I guess that means I really dont have to go.

i mean i most certainly appreciate and respect the advice given here, but my old attorney (who worked with the visitation rights and setting the support amount) just told me i don't have to go.

so i dunno, i guess i just wont go,

what would you do if you were in my shoes. would you still go to court even if your lawyer said you dont have to go?
 

LdiJ

Senior Member
Jbrannen205 said:
Well, I just talked to my old lawyer, who is still "sort of" my lawyer in that he's been helping me along with advice for free. He told me that although it was a little unusual, that the states attorney would not lie to me and that i dont have to go to court. So I guess that means I really dont have to go. i mean i appreciate the advice given here, but really, my old attorney (who worked with the visitation rights and setting the support amount) just told me i don't have to go.

so i dunno, i guess i just wont go,

what would you do if you were in my shoes. would you still go to court even if your lawyer said you dont have to go?
I would NEVER not show up for a court date unless I had it in writing that the hearing was cancelled.
 

TNBSMommy

Member
You may be able to call the courthouse the day prior to your hearing and ask if your name is on the docket.. that would tell you if court had been cancelled... but like everyone else said, you will prpobably have a review date set up to see if you are still paying.
 
S

seniorjudge

Guest
Jbrannen205 said:
Well, I just talked to my old lawyer, who is still "sort of" my lawyer in that he's been helping me along with advice for free. He told me that although it was a little unusual, that the states attorney would not lie to me and that i dont have to go to court. So I guess that means I really dont have to go.

i mean i most certainly appreciate and respect the advice given here, but my old attorney (who worked with the visitation rights and setting the support amount) just told me i don't have to go.

so i dunno, i guess i just wont go,

what would you do if you were in my shoes. would you still go to court even if your lawyer said you dont have to go?
Call him back and tell him you want this guarantee in writing on his letterhead and you will be right over to pick it up.

Post back with his reply.
 
Who do you people think I could contact to get it in writing that I don't have to appear in court? DHR? the courthouse clerks office? other? nobody?
 

LdiJ

Senior Member
Jbrannen205 said:
Who do you people think I could contact to get it in writing that I don't have to appear in court? DHR? the courthouse clerks office? other? nobody?
I don't understand why you just don't do the smart thing and show up....however I am done with repeating myself also.
 
LdiJ said:
I don't understand why you just don't do the smart thing and show up....however I am done with repeating myself also.

because its a 2 hour drive, a day out of work, and sitting in a courtroom for who knows how long, and i would like to avoid doing that.
 

stealth2

Under the Radar Member
Jbrannen205 said:
because its a 2 hour drive, a day out of work, and sitting in a courtroom for who knows how long, and i would like to avoid doing that.
Too bad. Right now you should plan on kissing the judge's a$$. You seem to prefer avoiding lots of things.
 

tigger22472

Senior Member
stealth2 said:
Too bad. Right now you should plan on kissing the judge's a$$. You seem to prefer avoiding lots of things.
Now, Now, Now Stealth.. he could use that time and money to drive the many more hours to go see this girlfriend two states away!
 
stealth2 said:
Too bad. Right now you should plan on kissing the judge's a$$. You seem to prefer avoiding lots of things.


Hmm, lets not get fiesty now, we've done pretty good so far in this thread :D

besides, i've repented of my evil ways. ya with me? :confused:
 
S

seniorjudge

Guest
Jbrannen205 said:
Update: DHR is sending me a written letter saying i don't have to appear. guess that should be enough? I HOPE :eek:
If by DHR you mean the court, then yes that is enough.

If by DHR you do not mean the court, then you will have a worthless scrap of paper.
 

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