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Jail time for non-payment?

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LdiJ

Senior Member
Just an update - they dismissed the case. Apparently it had been too long and they couldn't find any paperwork. Combine that with the fact he has been paying at least something for many years, let his public defender ask to get the case dismissed, it was granted with no arguement.

I figured somebody down the road looking for this type of into might want to know the resolution.

When he went to the first court case the DA wanted to put him away for 7.5 years. Apparently in Orange County it's not a max of 5 days per month, but 6 months per month of non-payed support. My DH got the OC family support division to send over copies of all the paid receipts, which (I'm assuming) kept the DA from pushing the case.
Your husband is darned lucky. It was a sheer quirk of fate that got him that result. He should also expect it to not go away.
 


Ohiogal

Queen Bee
Just an update - they dismissed the case. Apparently it had been too long and they couldn't find any paperwork. Combine that with the fact he has been paying at least something for many years, let his public defender ask to get the case dismissed, it was granted with no arguement.

I figured somebody down the road looking for this type of into might want to know the resolution.

When he went to the first court case the DA wanted to put him away for 7.5 years. Apparently in Orange County it's not a max of 5 days per month, but 6 months per month of non-payed support. My DH got the OC family support division to send over copies of all the paid receipts, which (I'm assuming) kept the DA from pushing the case.
So has your DH gotten a job yet? Or does he believe he doesn't have to support his children still because he got lucky? You have a deadbeat for a husband -- please be aware of that and making excuses for him is not going to help. He will NEVER be able to own anything or have a bank account or have a productive life with this hanging over his head. He most likely has had his driver's license suspended.

Should I continue? Oh and btw, if you ever divorce him, don't ever believe he will pay you a dime. Deadbeats don't. And yes, legally, HE IS A DEADBEAT.

And deadbeat has been legally defined in the courts -- one of the most prominent cases was a Canadian case of all things:
Lavoie v. Wills, 2000 ABQB 1014 (CanLII)
This “deadbeat dad” is one who stayed in the jurisdiction and purported to be interested in the children, but: notwithstanding an ability to do so (as I find herein), never paid a dime to the basic support of necessities his children; sought access in excess of 40% of the time to minimize his risk of paying full maintenance; lavished extracurricular activities on them that Ms. could not afford; and, in general, aided by his fraud, used the domestic law system, and it frailities, to create injustice for Ms. and the children. Some elaboration may be appropriate.



[21] Not only did Mr. never voluntarily paid any maintenance; he failed to obey every court order for maintenance that has been directed. Additionally, hiding behind his dishonest and fraudulent accounting information (discussed below), on a short Chambers application conned one of our Court’s justices into giving him a two-year child maintenance holiday. But even that was on condition that he paid the arrears which he still refused, or failed, to pay.
Also in CALIFORNIA:
Lester v. Lennane, 84 Cal.App.4th 536, 84 Cal.App.4th 536, 101 Cal.Rptr.2d 86, 101 Cal.Rptr.2d 86 (Cal.App. 10/31/2000)
"I'm not going to sit here and listen to that, Ms. Borack. . . . I know something about deadbeat dads. I see them in court all the time. . . . I also see hundreds of other fathers who are very caring. And that's fine.
62 Cal.App.4th 576; RENEE CLARK ET AL., PETITIONERS, v. THE SUPERIOR COURT OF ORANGE COUNTY, RESPONDENT; THE COUNTY OF ORANGE, REAL PARTY IN INTEREST.; 62 Cal.App.4th 576, 73 Cal.Rptr.2d 53, 1998.CA.244, 98 Cal. Daily Op. Serv. 2134

A strong bipartisan consensus has emerged as to one way to hold down welfare costs: Require absent parents, usually fathers, to keep up their child support obligations. (See Wehunt v. Ledbetter (11th Cir. 1989) 875 F.2d 1558, 1561 [quoting a 1988 Senate Report regarding certain amendments to the Social Security Act: "The bill reported by the Committee on Finance . . . . builds upon a strong consensus, joined in by liberals and conservatives alike, that the Nation's welfare system must," among other things "enforce the principle that child support must in the first instance come from parents"]; see also Levesque, Targeting "Deadbeat" Dads: The Problem With the Direction of Welfare Reform (1994) 15 Hamline J. Pub. L. & Pol'y 1, 2 ["The sense of crisis and urgency has fueled a rare consensus among liberals and conservatives on what ought to be done with the growing number of children in poverty. . . . [¶] The consensus urges a simple resolution to the welfare problem: since the largest number of children in poverty live with single mothers, return fathers to their homes, either physically or economically."].)

Also this case is extremely good at discussing deadbeat parents:
76 Cal.App.4th 429; COUNTY OF ORANGE, PLAINTIFF AND RESPONDENT, V. CARL D., DEFENDANT AND APPELLANT.; 76 Cal.App.4th 429, 77 Cal.App.4th 277, 90 Cal.Rptr.2d 440, 1999.CA.0043036


Provided just in case anyone wants to state thta deadbeat is NOT a legal term. The courts in CALI recognize it in their court proceedings.
 
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45Frank

Member
I'm not being mean here., OK maybe I am!!
Having had to borrow money from friends and family in the past being a single parent my self. Owed $20,000.00 from a Deadbeat.
I think or hope he'll be back in the same situation real soon. As soon as Mom calms down and pressures CSE again. So be ready. The Judge may even have an attitude the next time.
GoodLuck
 

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