STENNY AND BAD NEWS ABT EX AND $$$$

[Henny]

okay guys, here is what's going on NOW.

let me just go back a little, so u can understand what i am talking abt.
the ex and i have a joint acct here in texas, he is the main acct holder. his retirement from the army goes in there per electronic whatchamadiddle each month. when back in january the ex said, instead of him sending me money each month for me to just go ahead and take it out of the acct. mind me, the money that i have been getting this way is only abt 40% of what he is actually supposed to pay me each month. well anyway, i checked the acct this morning via phone, NOT ONE PENNY went in there this month. which means the ex opened an acct in south carolina and has the money going there, i am guessing he did this thing where the old bank automatically forwards the money to the new acct. i am freaking out here because i have bills to pay and i am screwed if i don't get the money.
i called my paralegal this morning and told her abt it. she said that when the ex appears in court on the 15th nov, the judge will order him to pay me a lumpsum right then and there since he didn't give me any money this month. i asked her what'll happen if he says that he doesn't have the money and she replied in that case the ex will go to jail.
doesn't sound to bad does it?
BUT i am worried abt what'll happen if the ex just ignores the courtorder to show for the hearing on the 15th nov. well, when i asked my paralegal abt this yesterday she said that then it would be up to the judge in texas to decide what to do, she also said that south carolina does honor courtorders etc from other states.
i guess him going to jail wouldn't do me any good the money still wouldn't be there and i still would be screwed, even though i cannot imagine him wanting to go to jail.
i guess what my question is: does anyone know how the texas judges handle *dead beat dads* that are behind with child support, and also can anyone tell me what could/would possibly happen if the ex decides not to show up for the hearing?
everything's going haywire. i was going to arrange for a daycare slot for terry once i return to tx next week, so he can start daycare once he is back, now i can't even do that because i probably will have to pay some kind of deposit. gosh, i am all confused right now and can't get a straight thought through my head.
i was thinking abt calling the ex tonight and casually ask him abt the money for this month and to see what he'll say. i know if he tells me that i can go f... myself i will probably freak out and tell him that he will have to come to the hearing here in texas *that is if he doesn't already know, possibly he has been served already, either today or will be tomorrow* and that he is merely f...... himself.
should i even tell him? or should i not spoil the surprise ? i don't know guys/gals i am REALLY upset right now and can't think and i don't think it has anything to do with my haircolor this time *wink*...

does anyone have some soothing advice/words for me?

thanks to everyone.

 

[Snoopy]

If you can apply for state aid. since you are not getting CS from the father then you have a good chance at getting some help, and they will go after him for repayment one day.

Also, it might be wise to let him know what is going on, that unless he returns the child and starts paying CS then he is likely to go to jail. He has a chance to avoid that but if he does not take this last chance to cooperate then you will continue your action to have him jailed.

 

[Henny]

snoopy, thank u very much for ur advice. i am still wondering though what'll happen if he decides not to even show up for the hearing, or what COULD happen.
thanks again.

 

[Snoopy]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Henny:
snoopy, thank u very much for ur advice. i am still wondering though what'll happen if he decides not to even show up for the hearing, or what COULD happen.
thanks again.<HR></BLOCKQUOTE>

If he does not show and you have proof that he was served notice of the court action/date then the judge will listen to your case and probably rule in your favor. In this event I would also ask for sole custody (if you do not have it) and ask to restrict visitation based on his kidnapping of your child.

You see, when someone does not turn up to court, you can ask for anything you want, say anything you want and there is no one to object. It is a very bad thing not to attend a court hearing.

So, he has not turned up and the judge has given you everything. Ask the judge at that point what you can do to get the child back since he still refuses to return the child. The judge may or may not help you futher.

Once court is over, you may need to move your legal battle to SC and get a judge there to order the seizure of the child and the arrest of the father because the police will not do that with a Tx court order.

But, first thing first, go to court and see what happens, and ask the judge.

 

[Ukiah]

Stenny/Henny; Going on state aid is not a good idea, especially not right now, he could possibly use that as a means to get custody of your boy. ( I know, that's part of what happened in my case!)

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ukiah:
Stenny/Henny; Going on state aid is not a good idea, especially not right now, he could possibly use that as a means to get custody of your boy. ( I know, that's part of what happened in my case!)
<HR></BLOCKQUOTE>

I am not sure I agree with that. If someone is behind 15k is CS and you go onto state aid, it is unlikely that can be used against you in a custody dispute.

 

[Henny]

ok, now i am confused AGAIN.
if south carolina honors courtorders from other states which of course would include texas, then why would the police not be able to arrest him in south carolina with a courtorder from texas?

 

[LadyBlu]

Henny Dear...
The judges in the District you are going to will be fair.. if he doesnt show up, yes they will have him arrested. FOr the kidapping and contempt of court. The CS arrears, he will get tomake those payments out over time, he will be put on 5yr probation for the first violation(this time) if he fails to make payments he will then face jail. My ex owes me $15, 000.00 too and that is all they did to him. The judge called us all into the chambers and read each word of the order to my ex and after each sentence asked him if he understood?(he was dealing with an idiot and reckognized it). If your ex disregards the Notice to Appear he will go to jail because he has totally disrgarded a Court Order. It wont be for long though.. just long enough for them to set another hearing date and make sure he is here to appear for it.
We will talk abotu all this when you get back.. over those margaritas and fajitas... stay calm.. You are supposed to be rrelaxing and enjoying yourself..

 

[LadyBlu]

Henny Dear...
The judges in the District you are going to will be fair.. if he doesnt show up, yes they will have him arrested. FOr the kidapping and contempt of court. The CS arrears, he will get tomake those payments out over time, he will be put on 5yr probation for the first violation(this time) if he fails to make payments he will then face jail. My ex owes me $15, 000.00 too and that is all they did to him. The judge called us all into the chambers and read each word of the order to my ex and after each sentence asked him if he understood?(he was dealing with an idiot and reckognized it). If your ex disregards the Notice to Appear he will go to jail because he has totally disrgarded a Court Order. It wont be for long though.. just long enough for them to set another hearing date and make sure he is here to appear for it.
We will talk abotu all this when you get back.. over those margaritas and fajitas... stay calm.. You are supposed to be rrelaxing and enjoying yourself..

 

[Grandma B]

Just a couple of points. 1. I doubt the first bank is forwarding the funds to a different bank. He obviously filed a change with the Army Retirement Center to have his retirement sent to a different bank. 2. Since he is drawing retirement pay, the Judge could have your support automatically from that retirement pay, and it wouldn't matter whether he was in jail or not.

 

[Snoopy]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
Henny Dear...
The judges in the District you are going to will be fair.. if he doesnt show up, yes they will have him arrested. <HR></BLOCKQUOTE>

How will a Tx judge have a person in SC arrested ?

 

[LadyBlu]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Snoopy:
How will a Tx judge have a person in SC arrested ?<HR></BLOCKQUOTE>Ummm, an arrest warrant?

 

[Snoopy]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
Ummm, an arrest warrant?
<HR></BLOCKQUOTE>

And how will this get the child back?

 

[LadyBlu]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Snoopy:
And how will this get the child back? <HR></BLOCKQUOTE>

Well I am not certain of all the procedures involved, but I can say that the last time I checked. Owing $15,000.00 in Child Support is a Felony offense. So was parental kidnapping. If he is disregarding all of the Judges orders then he is in Contempt of court.
Perhaps the way the child will get returned is once they have him in jail, she goes to SC to pick the child up, then he is also responsible for reimbursing her expenses and possibly Atty fees.

 

[LadyBlu]

If there is no legal recourse to getting a child returned that has not been returned as a Judge has ordered, then why do we not have more renegade parents taking kids out of state and not returning them? Because there is LEGAL Recourse... she has rights as a parent, and so does the child... if he has not filed a petition for custody he is breaking laws, and as such is a criminal in the eyes of any state in the US..