+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    DsmithAsmith is offline Member
    Join Date
    May 2005
    Location
    Bay Area California
    Posts
    111

    Not following judges orders

    What is the name of your state? California

    My husband is the custodial parent of his daughter. Today there was a contempt hearing for the bio mom not paying child support. She is $11,000+ in arrears but this is her first contempt hearing because DCSS had a hard time serving her with the OSC.

    In court she insisted that a judge in the county she lives in said my husband cant sue her for child support. The judge ordered her to go over to DCSS and talk to the case worker and then come back.

    My husband had something to ask her (he needs her to sign a passport application) so he went and waited out side DCSS. She never came out so he went up there, they said she had never been there. He then walked back to the court house to see if they went back to see the judge. The courtroom was closed and the clerk said that usually means they are done for the day.

    Any idea what the status of the case might be? She showed up so the did not issue a FTA warrent, but she did not follow the judges instructions, does my DH just have to wait and see if she pays and if she does not, then ask DCSS to file more contempt charges? He is just not sure where to go next since DCSS is handling it. (but they suck!)
  2. #2
    SingleMom67 is offline Member
    Join Date
    May 2005
    Posts
    913
    Quote Originally Posted by DsmithAsmith
    What is the name of your state? California

    My husband is the custodial parent of his daughter. Today there was a contempt hearing for the bio mom not paying child support. She is $11,000+ in arrears but this is her first contempt hearing because DCSS had a hard time serving her with the OSC.

    In court she insisted that a judge in the county she lives in said my husband cant sue her for child support. The judge ordered her to go over to DCSS and talk to the case worker and then come back.

    My husband had something to ask her (he needs her to sign a passport application) so he went and waited out side DCSS. She never came out so he went up there, they said she had never been there. He then walked back to the court house to see if they went back to see the judge. The courtroom was closed and the clerk said that usually means they are done for the day.

    Any idea what the status of the case might be? She showed up so the did not issue a FTA warrent, but she did not follow the judges instructions, does my DH just have to wait and see if she pays and if she does not, then ask DCSS to file more contempt charges? He is just not sure where to go next since DCSS is handling it. (but they suck!)
    Wow, so she just walked out? Are you kidding me? And this is after the judge erroneously blasted your husband? Did the judge write any orders at all? Something like she's got 30 days to start paying, put her on probation, anything? See if your husband can contact the judge's clerk. Tell the clerk what happened and that the ex didn't follow the judge's instructions. What should he do now. Did he contact DCSS to see what the next steps are? Obviously, they must have served her if she showed up for the hearing.
  3. #3
    DsmithAsmith is offline Member
    Join Date
    May 2005
    Location
    Bay Area California
    Posts
    111
    Quote Originally Posted by SingleMom67
    Wow, so she just walked out? Are you kidding me? And this is after the judge erroneously blasted your husband? Did the judge write any orders at all? Something like she's got 30 days to start paying, put her on probation, anything? See if your husband can contact the judge's clerk. Tell the clerk what happened and that the ex didn't follow the judge's instructions. What should he do now. Did he contact DCSS to see what the next steps are? Obviously, they must have served her if she showed up for the hearing.
    Yeah, the judge told her to walk over to DCSS, (it is in the next building) I guess they could not find it so they went back to get directions a second time. Then my DH went to wait for them and they never came out. The judge did not make any orders at all, just asked them to go talk to DCSS and come back. Wierd huh. My DH is going to have to call, the clerk probably wont have the stuff ready for a few and DCSS takes 5-7 days to return a phone call. I know it is excessive. It even says on the case workers voice mail, "due to high case load there might be and extended wait for a return phone call, leaving multiple messages will not increase my response time but will actually delay it, as I will have that many more messages to listen too." I just cant believe it is like this....
    They did get her served and I think we have 2 good addresses where they can serve her at now, so hopefully that wont be an issue anymore.
  4. #4
    45Frank is offline Member
    Join Date
    Oct 2005
    Posts
    391

    Thumbs up

    WOW!
    Enother male owed by a FeMale! We are few and far between. Well I live in NC and my orders are out of NJ my X also owes $10,000.00 and hasn't paid a penny in two years. We've been to court 8 times now, 5 of the times she was ordered to pay and just walked out of court never paying a penny, just vanished into thin air. The Probation officer's excuse is well we can't find her to serve her with the court date, well the last time we were in court I told them if you let her go you'll never get her again. Well she gave the Judge a bogus address' like the 12th in the last two years,(Pergury I think) Now I have enother date for november for contempt, and non payment of CS and so forth. Good luck I've been fighting for nearly five years now and the courts do NOTHING. !






    Quote Originally Posted by SingleMom67
    Wow, so she just walked out? Are you kidding me? And this is after the judge erroneously blasted your husband? Did the judge write any orders at all? Something like she's got 30 days to start paying, put her on probation, anything? See if your husband can contact the judge's clerk. Tell the clerk what happened and that the ex didn't follow the judge's instructions. What should he do now. Did he contact DCSS to see what the next steps are? Obviously, they must have served her if she showed up for the hearing.
  5. #5
    SingleMom67 is offline Member
    Join Date
    May 2005
    Posts
    913
    Quote Originally Posted by 45Frank
    WOW!
    Enother male owed by a FeMale! We are few and far between. Well I live in NC and my orders are out of NJ my X also owes $10,000.00 and hasn't paid a penny in two years. We've been to court 8 times now, 5 of the times she was ordered to pay and just walked out of court never paying a penny, just vanished into thin air. The Probation officer's excuse is well we can't find her to serve her with the court date, well the last time we were in court I told them if you let her go you'll never get her again. Well she gave the Judge a bogus address' like the 12th in the last two years,(Pergury I think) Now I have enother date for november for contempt, and non payment of CS and so forth. Good luck I've been fighting for nearly five years now and the courts do NOTHING. !
    I have read a lot of your posts. Hon, you're carrying around a lot of bitterness and resentment. Channel some of that negative energy in to doing something productive. The non-paying ex issue happens for both males and females. It's not gender specific. The problem is that the courts are overloaded. I have discovered that you need to do a lot of the legwork for the courts. They just don't have the time, the money or the resources. I fought for over a year, but I finally found my ex (who was $11,000 in arrears), got him picked up on the outstanding bench warrant, and got $4,000. He's run again without paying the rest of the purge amount, but that's okay because I'm back out there starting the process all over again. Why do I keep fighting? It's not for me. I don't count on the child support at all (financially to pay my bills). But I fight what my son deserves.
  6. #6
    Gracie3787 is offline Senior Member
    Join Date
    Aug 2004
    Location
    Central Florida
    Posts
    5,648
    Quote Originally Posted by DsmithAsmith
    What is the name of your state? California

    My husband is the custodial parent of his daughter. Today there was a contempt hearing for the bio mom not paying child support. She is $11,000+ in arrears but this is her first contempt hearing because DCSS had a hard time serving her with the OSC.

    In court she insisted that a judge in the county she lives in said my husband cant sue her for child support. The judge ordered her to go over to DCSS and talk to the case worker and then come back.

    My husband had something to ask her (he needs her to sign a passport application) so he went and waited out side DCSS. She never came out so he went up there, they said she had never been there. He then walked back to the court house to see if they went back to see the judge. The courtroom was closed and the clerk said that usually means they are done for the day.

    Any idea what the status of the case might be? She showed up so the did not issue a FTA warrent, but she did not follow the judges instructions, does my DH just have to wait and see if she pays and if she does not, then ask DCSS to file more contempt charges? He is just not sure where to go next since DCSS is handling it. (but they suck!)
    I just read your other thread, these obviously biased judges make me so angry. WHY do judges AUTOMATICALLY assume that the NCP is the father? And why do they let a female NCP get away with anything. When the Judge blasted your husband, thinking that HE was the NCP, and then did NOTHING to the real female NCP, he showed his bias.

    I agree with a poster on your other thread, the judge should be reported. Can your husband check with the court clerk tommorow to find out if a warrant was issued? It seems to me that a hearing was held, and there either has to be some kind of order resulting from it, even if it only an order of continuance. Good luck.
    Gracie
  7. #7
    45Frank is offline Member
    Join Date
    Oct 2005
    Posts
    391
    You are right I do carry alot of resentment and bitterness. As I'm sure you may have at one time or enother.
    Reason #1
    I did everything ever ordered by me from the Courts from the Div. till today, I did believe in the system and can't believe some of what I see not even hear. I had a judge order me to pay off her CC bills after the divorce, my attorney tried to explain to the Judge that she owed more in CS then I owed in her debt. I was ordered to pay within 20 days, she was told now try to pay this and walked out, still waiting for CS.
    #2
    How in any court in this the greatest country in the world can anyone just pick up and leave and the Judges do nothing. That has nothing to do with overburden but with the Judges who are lawyers keeping the system rolling.
    #3
    The courts are biased 90% towards females no matter what. I went thru the same thing as the above post, the X-Wife said I tried to kill her well I was arrested abused, and nearly died in cistody(Heart Disease), it cost me 3,500.00 to proof I wasn't within 100 miles of her and then laughed at when my Lawyer asked for sanctions against her for this. I was issued a FRO against her, BUT being the Male I have a court order signed by a NJ superior court Judge stating he won't honor it. It's been broken 100's of times. I ended up moving out of stae legally with the kids, One of the main reasons was the constant breaking of the FRO.
    #4
    I was self employed for years and had employees arrested and sit in the county Jail for owing as little as $50.00. I have enother court order stating she will not beheld in contempt till I can prove she is willingly not paying, isn't that the courts job with all the proof I've given, come on not biased. Her own Case info sheet shows an extravegant lifestyle.

    I have done and followed every rule that the courts have for my area but unless the courts show they are going to take this seriousely nothing will work.

    Male or Female you must provide for the children. I am glad you suceeded, Good luck and keep going.

    Quote Originally Posted by SingleMom67
    I have read a lot of your posts. Hon, you're carrying around a lot of bitterness and resentment. Channel some of that negative energy in to doing something productive. The non-paying ex issue happens for both males and females. It's not gender specific. The problem is that the courts are overloaded. I have discovered that you need to do a lot of the legwork for the courts. They just don't have the time, the money or the resources. I fought for over a year, but I finally found my ex (who was $11,000 in arrears), got him picked up on the outstanding bench warrant, and got $4,000. He's run again without paying the rest of the purge amount, but that's okay because I'm back out there starting the process all over again. Why do I keep fighting? It's not for me. I don't count on the child support at all (financially to pay my bills). But I fight what my son deserves.

Similar Threads

  1. Ex not following judges orders what can I do?
    By Azmom in forum Child Custody & Visitation
    Replies: 18
    Last Post: 02-12-2007, 07:22 PM
  2. Judges Orders?
    By smcgarry in forum Civil Litigation
    Replies: 0
    Last Post: 12-06-2004, 09:17 AM
  3. Ignoring judges orders on DUI
    By 2farindebt in forum Drunk Driving / DUI / DWI
    Replies: 6
    Last Post: 05-15-2004, 09:25 AM
  4. PAS and Judges Orders
    By LilSty in forum Child Custody & Visitation
    Replies: 9
    Last Post: 01-26-2003, 09:01 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.