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CS arrears and no jail time or punishment

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bzzzymom3

Junior Member
What is the name of your state (only U.S. law)? CO

My ex is over $75,000 in arrears. He works under the table and knows very well how to avoid the repurcussions of his lack of payment. He has had his drivers license suspended, passport suspended, and cannot obtain a professional license. He purposefully does not own any property such as a house or a vehicle. He doesn't open a bank account knowing full well that a levy will be placed on that too.

He knew that contempt charges were being brought against him, so he filed for unemployment in the state of CO.

What I want to know is, if I file contempt charges against him now, even though his unemployment benefits are being garnished, what are my chances of being successful in winning my case?
 


CSO286

Senior Member
Generally speaking, contempt is a tool utilized to encourage NCPs to comply with the terms of their child support order.

Sure, you can file, and sure, he might even be found guilty, but right now, he's making payments.

What would you like--him in jail, or him earning some sort of income that child support can be taken out of?

(And if he's been working for cash, then he shouldn't be able to get unemployement--just doesn't work that way.)
 

LdiJ

Senior Member
Generally speaking, contempt is a tool utilized to encourage NCPs to comply with the terms of their child support order.

Sure, you can file, and sure, he might even be found guilty, but right now, he's making payments.

What would you like--him in jail, or him earning some sort of income that child support can be taken out of?

(And if he's been working for cash, then he shouldn't be able to get unemployement--just doesn't work that way.)[/QUOTE]

That doesn't mean that he isn't doing it anyway.
 

CSO286

Senior Member
Generally speaking, contempt is a tool utilized to encourage NCPs to comply with the terms of their child support order.

Sure, you can file, and sure, he might even be found guilty, but right now, he's making payments.

What would you like--him in jail, or him earning some sort of income that child support can be taken out of?

(And if he's been working for cash, then he shouldn't be able to get unemployement--just doesn't work that way.)
That doesn't mean that he isn't doing it anyway.

Which part?

I was referring to the fact that in order to qualify for unemployment, you have to have been "on the books" working somewhere.
 

LdiJ

Senior Member
Do you mean, getting unemployment benefits?
I meant working under the table AND collecting unemployment benefits.

In reply to CSO286, obviously he must have had some regular employment during the qualifying period or he wouldn't be receiving any benefits. I agree with that.

However, again, many people collect UC benefits and work under the table at the same time. Its illegal as heck, its immoral as heck, but some people still do it anyway.

Sometimes I even have a bit of a hard time blaming them for it, because they are in survival mode. That doesn't mean that I condone it, but sometimes I have a bit of a problem blaming them for it if the under the table work is just a couple of hundred here and there.
 

Mash123

Member
What is the name of your state (only U.S. law)? CO

My ex is over $75,000 in arrears. He works under the table and knows very well how to avoid the repurcussions of his lack of payment. He has had his drivers license suspended, passport suspended, and cannot obtain a professional license. He purposefully does not own any property such as a house or a vehicle. He doesn't open a bank account knowing full well that a levy will be placed on that too.

He knew that contempt charges were being brought against him, so he filed for unemployment in the state of CO.

What I want to know is, if I file contempt charges against him now, even though his unemployment benefits are being garnished, what are my chances of being successful in winning my case?
Jail time for not paying CS ordered when the NCP isn't paying willfully, as far as I know.
In this case, he is on UI benefits. Being on UI benefits means that his unemployment is involuntary. Another thing is the fact that he is paying, although not the full amount.
I don't think they will give him jail time.
 

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