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  1. #1
    Jbrannen205 is offline Member
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    Can my court date be cancelled?

    What is the name of your state? AL


    Hey I was wondering if my case worker will be able to cancel my court date for me. It's only 2 weeks away but the payment has just posted as everything is now current but I was supposed to go to "explain" why i shouldn't be held in contempt of court. Basically I didn't pay anything for about a year, but now I'm current. So I was wondering will my case worker be able to cancel my appearance in 2 weeks, just by me calling him?

    I was told that he could, but for some reason, I have a gut feeling nothing could be that easy when dealing with the beaurocrats..
  2. #2
    stealth2 is offline Senior Member
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    Your best bet would be to call the caseworker and ask.
  3. #3
    Jbrannen205 is offline Member
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    Okay, I called and They won't put me in touch directly with my case worker, but the "intake" worker has told me that they probably won't be able to cancel my court date, and that they may want to have me come back to court AGAIN after this court date to "make sure i'm still paying". The she told me that I should contact THEIR lawyer and ask him if HE could cancel the court date. Does any this sound fishy?? Am I being given the run-around?

    WHY WOULD THEY WANT ME IN COURT IF I'M PAID UP? ARE THEY GOING TO TRY TO "THROW THE BOOK AT ME" BECAUSE I DIDN'T PAY FOR A YEAR? AND SHOULD I TRY TO CONTACT *THEIR* LAWYER?

    ---CONFUSED AS EVER---
  4. #4
    seniorjudge Guest
    Quote Originally Posted by Jbrannen205
    What is the name of your state? AL


    Hey I was wondering if my case worker will be able to cancel my court date for me. It's only 2 weeks away but the payment has just posted as everything is now current but I was supposed to go to "explain" why i shouldn't be held in contempt of court. Basically I didn't pay anything for about a year, but now I'm current. So I was wondering will my case worker be able to cancel my appearance in 2 weeks, just by me calling him?

    I was told that he could, but for some reason, I have a gut feeling nothing could be that easy when dealing with the beaurocrats..
    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.

    Case workers are not allowed to practice law even though they try to do just that.
  5. #5
    Jbrannen205 is offline Member
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    Quote Originally Posted by seniorjudge
    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.

    Case workers are not allowed to practice law even though they try to do just that.
    Thanks...
    So, have I been purged of contempt, even though they had to levy my bank account to get the money? Is there even a remote possibility I could be in some sort of "trouble" (fines, probation, jail, etc...) when I go to court, since I didn't pay for a year even though I had the money in the bank? The reason I feel compelled to ask this is because the question comes to my mind "why else would they want me in court if I'm paid up current, unless it's to render some sort of punishment?"

    (yes I know I should have been paying - but I didn't - but I am now!)
  6. #6
    stealth2 is offline Senior Member
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    Maybe the court simply wants the opportunity to impress upon you the severity of the issue - and make it clear that if the court sees you again for not having paid, there will be dire consequences. Makes sense to me - the judge wants to ream your a$$.
  7. #7
    Jbrannen205 is offline Member
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    Quote Originally Posted by stealth2
    Maybe the court simply wants the opportunity to impress upon you the severity of the issue - and make it clear that if the court sees you again for not having paid, there will be dire consequences. Makes sense to me - the judge wants to ream your a$$.

    Yea I guess thats understandable ... now that i think about it ... but hey I dont need the court to tell me that because I allready am aware of it .. I guess I could just suck it up and make the 2 hour drive to court. I tend to be a worry wart.

    by the way i have *not* been to court before for non-payment. it was previosuly scheduled, but was continued.

    So basically, they're just going to give me a warning and send me walking this time? is that what you're saying? I mean, if I'm going to jail time or probation or extra fines or whatnot in 2 weeks I need to be prepared you know.
    Last edited by Jbrannen205; 03-15-2005 at 08:02 AM.
  8. #8
    stealth2 is offline Senior Member
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    Quote Originally Posted by Jbrannen205
    Yea I guess thats understandable ... now that i think about it ... but hey I dont need the court to tell me that because I allready am aware of it .. I guess I could just suck it up and make the 2 hour drive to court. I tend to be a worry wart.

    So basically, they're just going to give me a warning and send me walking this time? is that what you're saying? I mean, if I'm going to jail time or whatnot in 2 weeks I need to be prepared you know.
    It's doubtful that you'll be shipped off to jail. And while you don't think you need the court to tell you, I suspect the judge thinks you do since you saw fit to skive off of your responsibility for close to a year. So get your butt in the car, make the drive, and appear suitably remorseful for being an idiot.
  9. #9
    Jbrannen205 is offline Member
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    Quote Originally Posted by stealth2
    It's doubtful that you'll be shipped off to jail. And while you don't think you need the court to tell you, I suspect the judge thinks you do since you saw fit to skive off of your responsibility for close to a year. So get your butt in the car, make the drive, and appear suitably remorseful for being an idiot.


    Yea yea. maybe "stubborn" is a better word than idiot to put it in perspective. I was honestly just mad at baby's momma and whatnot, you see. dear god, i hate going to court.
    Last edited by Jbrannen205; 03-15-2005 at 08:06 AM.
  10. #10
    Jbrannen205 is offline Member
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    by the way are you people (stealth) lawyers or just ordinary people making wild guesses??
  11. #11
    seniorjudge Guest
    Q: So, have I been purged of contempt, even though they had to levy my bank account to get the money?

    A: Assuming you are now paid up and owe no arrearages.


    Q: Is there even a remote possibility I could be in some sort of "trouble" (fines, probation, jail, etc...) when I go to court, since I didn't pay for a year even though I had the money in the bank?

    A: Yes, there is a remote possibility. The judge may fine you for putting the court system through all that trouble. If, however, the judge has any sense at all, he will want you to keep paying your child support and won't want your money for anything else.


    Q: The reason I feel compelled to ask this is because the question comes to my mind "why else would they want me in court if I'm paid up current, unless it's to render some sort of punishment?"

    A: Probably a good butt-chewing. BTW, here is something you do NOT want to come even close to saying in court: "Yea yea. maybe "stubborn" is a better word than idiot to put it in perspective. I was honestly just mad at baby's momma and whatnot, you see."
  12. #12
    stealth2 is offline Senior Member
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    Quote Originally Posted by Jbrannen205
    by the way are you people (stealth) lawyers or just ordinary people making wild guesses??
    I won't speak for others, but I'm neither. I'm an ordinary person who has spent enough time in, out and around family law situations to be able to make educated guesses. It doesn't take a law degree to know that judges get ticked when people piss on their orders by ignoring them (as you did), nor that a judge would want to make it perfectly clear to stubborn idiots (see, I even added your own adjective) what will happen if they piss on the orders again.
  13. #13
    Jbrannen205 is offline Member
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    Quote Originally Posted by seniorjudge
    A: Probably a good butt-chewing. BTW, here is something you do NOT want to come even close to saying in court: "Yea yea. maybe "stubborn" is a better word than idiot to put it in perspective. I was honestly just mad at baby's momma and whatnot, you see."


    What about probation? My girlfriend lives 2 states away and that has crossed my mind as a troublesome concept to swallow.

    So what do you think would be best to tell the judge anyway? Something along the lines of "I'm sorry I let that happen but I promise to stay on top of it from now on."???
  14. #14
    stealth2 is offline Senior Member
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    SJ would be better able to say what would be palatable to a judge, but sometimes it's best to simply admit you have no good excuse, you've realized what a bonehead you were, and you have every intention of meeting your obligation as ordered by the court from here on out.
  15. #15
    LdiJ is offline Senior Member
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    Quote Originally Posted by Jbrannen205
    What about probation? My girlfriend lives 2 states away and that has crossed my mind as a troublesome concept to swallow.

    So what do you think would be best to tell the judge anyway? Something along the lines of "I'm sorry I let that happen but I promise to stay on top of it from now on."???
    They aren't going to put you on probation for not paying child support. That isn't one of the options. There is almost no chance that the judge would even consider jailing you at this point because it IS paid up. However if you backslide again, then yeah....the judge could toss your butt in jail.

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