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When a father refuses to appear in court

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Eileen4055

Junior Member
What is the name of your state?What is the name of your state? New Hampshire
My former husband from Massachusetts, had been on worker's comp for three years. Which was garnished accordingly.
He never lowered the support when his pay got decreased due to his comp, because my attorney at the time expected to go to discovery before modifying anything. Discovery would have meant tax returns that he could not provide the courts. And he "has not" filed his taxes since approx. 2001.
In August of 2005, the support suddenly stopped.
I was told that his comp case had been closed with no further information.
By October, I had to put in for a hearing since he never contacted the dept. of revenue to report any change or to notify them of his change of address. All I knew was that my support had stopped all together and that he could not be reached.
Needless to say, tax intercept is not an option for me.
He hides his assets and does not even have a checking acct to enable anyone to track him.
At the October hearing, he failed to appear and the judge issued a capius arrest warrant.
This wasn't his first failure to appear. Actually, our file is full of contempts and failure to appears on his part. And he also has a history of working under the table, to avoid paying support.
He continues to avoid his obligation, refusing to tell me where he resides, etc. And he is denying ever knowing about the hearing back in October.
Which is untrue. Not only did it go to his last known address where the mother of his "4th" child currently resides, but I spoke to him the morning of the hearing and he led me to believe that he was going up until a few minutes prior to going in front of the judge. After I drove out of state to get there.
It wasn't until December 2005, when I received a tip that he had been working. Upon calling the location, he answered the phone there.
I immediately reported it to the dept. of revenue and they obtained the warrant to supposedly pick him up. However, by the time they processed everything, he had already quit. Now he is denying ever having worked there at all.
He had until this past Thursday to surrender, and never appeared.
Now they are sending the constable out for him.
He owes more than $5,500. His drivers license suspended.
But he claims to be homeless, moving around from one location to the next.
All I have is his last known address and a cell phone number that he seldom answers...
He has claimed to have obtained a lawyer through a friend, and has already filed something within the courts to overturn the entire thing. Using the excuse that he overpaid for the entire three years that he was on comp, expecting leniency based on that. Is that even possible?
Am I to believe that if they cannot find him, then it's a dead issue unless he turns himself in?
And what should I expect, if and when he does finally turn himself in? Will he go to jail?
So many "if's", but no answers...
Had they gone to the place of employment when I notified them back in December, all of this could have been prevented. The warrant which was supposedly with a constable for service, had been sitting on a shelf. Amongst 200+ other warrants, and in the wrong pile! Weeks went by before I found someone who would look into it for me. Only now are they proceeding. But with far less infomation as to his whereabouts. Is this hopeless?
 


ceara19

Senior Member
He can't have the child support lowered retroactively. The judge can lower it from this point on, but he still owes the arrears.

As far as the warrant, they probably aren't going to spend alot of time actively LOOKING for him, but that doesn't mean the only way to capture him is if he turns himself in. If there is a bench warrant for his arrest and he has any dealing with the law, such as being pulled over for a traffic violation, they will arrest him.

You can't really FORCE him to pay the CS. They can throw him in jail, but that doesn't mean he'll pay. If he really is homeless he might actually like being locked up. :rolleyes:
 

Eileen4055

Junior Member
Thankyou! : )

Your professional opinion is a big help to me. And I really appreciate the input.
I kind of realize what I am up against now, and that it's not going to be easy. : (
It's just difficult to comprehend how any father could deny his own children all the things that he had as a child himself. At this point, it's beyond the money. I work two jobs to prevent my children from going without. And I can accept that.
This has been on and on for so many years now, I just want the courts to do whatever they feel is appropriate.
Unfortunately, people like him never seem to get caught. He'll drive illegally, and never get pulled over. Yet, I am the kind of person who would get a ticket for going 5 miles over the speed limit...
Thankyou for taking the time out to read my complicated situation.
 

ceara19

Senior Member
Not professional, just experienced. ;)

I've been in the exact situation your in. I know it seems like he gets away with everything and is never held responsible for anything. Eventually karma will come back and bite him in the a$$.
 
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Eileen4055

Junior Member
One step in the right direction

I feel for you, for having gone through this yourself.
It's been a lengthy ordeal, going to battle within the courts. More so than not, being the only one present.
But, it is my understanding that his time has finally run out. And that dor has finally obtained a constable who is currently hot on the case.
I am trying not to get too optimistic since it isn't going to be easy to find.
We'll see where this goes...
Thanks for the support!

;)
 

ceara19

Senior Member
Eileen4055 said:
I feel for you, for having gone through this yourself.
It's been a lengthy ordeal, going to battle within the courts. More so than not, being the only one present.
But, it is my understanding that his time has finally run out. And that dor has finally obtained a constable who is currently hot on the case.
I am trying not to get too optimistic since it isn't going to be easy to find.
We'll see where this goes...
Thanks for the support!

;)

Good Luck and keep me posted!
 

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