Six Questions about Contempt

[bryneth]

What is the name of your state? FL

Re: NCP of 4 children, approximately $30,000 behind

1. What will a court do if the NCP doesn't have money to pay a purge?

2. What documentation will he need to provide as proof of such?

3. How much does a court take into consideration cost of living for NCP?

4. Does a Contempt hearing, in this case, provide an opportunity for negotiation?

5. Is there a cap on the percentage of income that can be garnished?

6. If NCP is put in jail, and family members do not have funds to bail NCP out, how long will he stay in, and then what?

 

[seniorjudge]

1. What will a court do if the NCP doesn't have money to pay a purge?

A: Jail, if the court finds the NCP could pay but did not.


2. What documentation will he need to provide as proof of such?

A: Medical documentation that he is 100% disabled.


3. How much does a court take into consideration cost of living for NCP?

A: Depends on the court; usually not much consideration.


4. Does a Contempt hearing, in this case, provide an opportunity for negotiation?

A: Sometimes; ask the other side.


5. Is there a cap on the percentage of income that can be garnished?

A: Yes, 100%.


6. If NCP is put in jail, and family members do not have funds to bail NCP out, how long will he stay in, and then what?

A: Bail is not set; the contempt must be purged, then the person gets out.

 

[bryneth]

I need clarification, please. Thank you!

1. What will a court do if the NCP doesn't have money to pay a purge?

A: Jail, if the court finds the NCP could pay but did not.


Could pay what? The arrearages? Or his CS?

 

[seniorjudge]

1. What will a court do if the NCP doesn't have money to pay a purge?

A: Jail, if the court finds the NCP could pay but did not.


Could pay what? The arrearages? Or his CS?

Q: Could pay what? The arrearages? Or his CS?

A: Either or both.

 

[weenor]

1. What will a court do if the NCP doesn't have money to pay a purge?

A: Jail, if the court finds the NCP could pay but did not.


Could pay what? The arrearages? Or his CS?

The child support. Understand this....cs is a judgment on the day it is due. From that day interest on the amount accrues until it is paid. Not only will you a $30,000.00 judgment you will have interest added onto that amount....

There is no one in the history of the world that can never pay anything for this long...you are a dead beat ...and they will take all of your assets until the amount you owe is paid.

 

[SingleMom67]

1. What will a court do if the NCP doesn't have money to pay a purge?
A: Jail, if the court finds the NCP could pay but did not.

2. What documentation will he need to provide as proof of such?
A: Medical documentation that he is 100% disabled.

3. How much does a court take into consideration cost of living for NCP?
A: Depends on the court; usually not much consideration.

4. Does a Contempt hearing, in this case, provide an opportunity for negotiation?
A: Sometimes; ask the other side.

5. Is there a cap on the percentage of income that can be garnished?
A: Yes, 100%.

6. If NCP is put in jail, and family members do not have funds to bail NCP out, how long will he stay in, and then what?
A: Bail is not set; the contempt must be purged, then the person gets out.

I agreed up until 5 and 6.

5. These are the federal guidelines:
The withholding limits set by the federal CCPA are as follows:
50% Supports a second family, with no arrears or < 12 weeks in arrears
55% Supports a second family, and more than 12 weeks in arrears
60% Single, with no arrears or < 12 weeks in arrears
65% Single, and is more than 12 weeks in arrears.
(A second family means there are other dependents, a spouse and/or child, for which the employee-parent has responsibility. In arrears means there is past due, unpaid support owed by non-custodial parent.)

6. This varies by state. For instance, in PA, the maximum jail time for this is 6 months. OP, you'll need to search your state statutes.

 

[bryneth]

NCP is going to show up in court without cash for his purge.

The judge may put NCP in jail rather than work out a payment plan? It would seem that the court would want to work with him, since it would be in everyone's best interests to have him out of jail and earning money.

Will his ex wife's wishes have any bearing on what happens? Since she brought the Contempt charges against him? Or is it now totally up to the judge?

 

[seniorjudge]

Q: The judge may put NCP in jail rather than work out a payment plan?

A: Yes, that is possible.



Q: Will his ex wife's wishes have any bearing on what happens?

A: Maybe, maybe not.


Q: Since she brought the Contempt charges against him? Or is it now totally up to the judge?

A: Ex put it in the hands of the judge but that doesn't mean she can take it out.

 

[bryneth]

Florida

Would he go straight to jail from the court house?

Maybe that's a silly question, but will they just cuff him and drag him away?

Or would he be given a day to turn himself in?

 

[bryneth]

I meant to say, a date on which he has to turn himself in.

 

[seniorjudge]

Florida

Would he go straight to jail from the court house?

Maybe that's a silly question, but will they just cuff him and drag him away?

Or would he be given a day to turn himself in?

We don't know what is going to happen to you or how it is going to happen.

You'll just have to take your chances.

 

[LdiJ]

What is the name of your state? FL

Re: NCP of 4 children, approximately $30,000 behind

1. What will a court do if the NCP doesn't have money to pay a purge?

Most likely toss the ncp in jail.

2. What documentation will he need to provide as proof of such?

Your entire financial records....and even then the judge may not care.

3. How much does a court take into consideration cost of living for NCP?

Almost nothing at all, unless there are extreme situations such as heavy medical bills for the ncp or another one of his/her children.

4. Does a Contempt hearing, in this case, provide an opportunity for negotiation?

Depends entirely on the judge. Sometimes even on how bad a day the judge has had.

5. Is there a cap on the percentage of income that can be garnished?

Yes, I believe its 50%....but I know that there are some exception situations that can allow it to go as high as 65%...however I don't remember exactly what they are.

6. If NCP is put in jail, and family members do not have funds to bail NCP out, how long will he stay in, and then what?

Then the ncp is going to stay in jail....or perhaps have work release. If the jail is severely overcrowded the ncp might get released, or a judge might be convinced to lower the purge.

All in all, it would be in the ncp's best interest to come up with the purge one way or another.

 

[bryneth]

Most likely toss the ncp in jail.



Your entire financial records....and even then the judge may not care.



Almost nothing at all, unless there are extreme situations such as heavy medical bills for the ncp or another one of his/her children.



Depends entirely on the judge. Sometimes even on how bad a day the judge has had.



Yes, I believe its 50%....but I know that there are some exception situations that can allow it to go as high as 65%...however I don't remember exactly what they are.



Then the ncp is going to stay in jail....or perhaps have work release. If the jail is severely overcrowded the ncp might get released, or a judge might be convinced to lower the purge.

All in all, it would be in the ncp's best interest to come up with the purge one way or another.

But what is the purge? Is it a percentage of the arrearages?

 

[SingleMom67]

But what is the purge? Is it a percentage of the arrearages?

Yes, usually quite high.

 

[betterthanher]

But what is the purge? Is it a percentage of the arrearages?

You obviously don't know what you're doing. You should be directing all of your questions to your attorney. If you don't have one, you should start interviewing them. Then, when you go to COurt, you can also request that your ex pay for all reasonable attorneys fees (since it's HIS fault you have to go to court to begin with).