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Why a felony charge for contempt?

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sunshineinrain

Junior Member
What is the name of your state?What is the name of your state? Georgia

My husband and I live in Florida, his X lives in Georgia with his daugher. Two years ago, just after we got married, he was arrested on a bench warrent for failure to appear to a court hearing, we were never notified of the hearing. They extridited him to GA, where he was charged with a felony abandonment charge, if was classified as a felony since he moved to Florida when his X kicked him out of the house. The court had awarded her $700 a month for child support in a temporay order, and required that my husband pay her attorneys fees, we couldn't afford an attorney for ourselvs much less hers. We paid her what we could each month but was falling behind since he wasn't making the money in Florida that he was in Georgia, I sold everything I had and come up with the money to get him out, then 6 months later, he was back in GA for back child support, they again placed him in jail, at this time I had to retain an attorney, and come up with the back child support, I borrowed $5.000 from my family, took a taxable w/drawl from my 401K for $6,700.00 and just barely had enough money to pay them both, but we did, we paid his child support current. We got a temporay reduction in the Child support to $500.00 a month, of course my husband lost his job and had to get a new one, his previous job was paying $15.00 per hour now my husband only makes $10.00 per hour, so the $500.00 a month is very draining, but we stay current. We also have provided for his daughters health insurance since we go married. (I pay $390.00 in health insurance each month) I have two kids of my that I have to provide for as well. Last week we went back to court in GA to try for a permanent reduction and he was held in contempt for the attorneys fees, the judge said you have 10 days to pay the money, the court said that when they award attorneys fees it is classified as child support. What will happen when its not paid in 10 days I dont have the money. My husband tells me he is wearing a red arm band which means felony, is his contempt of court a felony for this? Could they prosacute him and put him in prison for this? I have just been devistated this last week, we have an attorney, but he doesnt seem to know what is going on and I am very concerned. Please someone help!
 


sunshineinrain

Junior Member
can a child support issue end in a felony?

sunshineinrain said:
What is the name of your state?What is the name of your state? Georgia

My husband and I live in Florida, his X lives in Georgia with his daugher. Two years ago, just after we got married, he was arrested on a bench warrent for failure to appear to a court hearing, we were never notified of the hearing. They extridited him to GA, where he was charged with a felony abandonment charge, if was classified as a felony since he moved to Florida when his X kicked him out of the house. The court had awarded her $700 a month for child support in a temporay order, and required that my husband pay her attorneys fees, we couldn't afford an attorney for ourselvs much less hers. We paid her what we could each month but was falling behind since he wasn't making the money in Florida that he was in Georgia, I sold everything I had and come up with the money to get him out, then 6 months later, he was back in GA for back child support, they again placed him in jail, at this time I had to retain an attorney, and come up with the back child support, I borrowed $5.000 from my family, took a taxable w/drawl from my 401K for $6,700.00 and just barely had enough money to pay them both, but we did, we paid his child support current. We got a temporay reduction in the Child support to $500.00 a month, of course my husband lost his job and had to get a new one, his previous job was paying $15.00 per hour now my husband only makes $10.00 per hour, so the $500.00 a month is very draining, but we stay current. We also have provided for his daughters health insurance since we go married. (I pay $390.00 in health insurance each month) I have two kids of my that I have to provide for as well. Last week we went back to court in GA to try for a permanent reduction and he was held in contempt for the attorneys fees, the judge said you have 10 days to pay the money, the court said that when they award attorneys fees it is classified as child support. What will happen when its not paid in 10 days I dont have the money. My husband tells me he is wearing a red arm band which means felony, is his contempt of court a felony for this? Could they prosacute him and put him in prison for this? I have just been devistated this last week, we have an attorney, but he doesnt seem to know what is going on and I am very concerned. Please someone help, I dont know what else I can do.
 

Gracie3787

Senior Member
I may be wrong about this, if I am somebody pleease correct me, I have always understood that if a person is charged with a felony of ANY TYPE and cannot afford an attorney the court would have to appoint a public defender.
You might want to check on that, also check with the local Legal Aid Office. Your situation definately needs an attorney to get it straightened out.
Good luck to you, maybe someone else will have some better advice.
Gracie :)
 

sunshineinrain

Junior Member
At my witts end

Gracie, thanks for your reply, from what we have been told, the only time the court will appoint an attorney is in a criminal case, this has all been civil. What I am confused about is what the felony is. Is it the contempt, the judge said that when the court ordered the attorneys fees to be paid, the court consideres it child support, so therefore he would be behind on child support, It GA, (I dont know about other states) when a parent gets behind on child support the court can consider it abandonment, which is considered an continous offence, if this is the case than we have to purge him to get him out, I just dont have that kind of money. I am really scared of what is going to happen. His X has asked him 3 times to terminate his parental rights, he has been fighting to see his daughter for over 2 years now. I dont know how much more he can take.
 

burkkk

Junior Member
only thing I can say

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All I can recomend is something he may not want to hear, you should advise him to give over his rights, child support is a vicious cycle when an angry mother is involved. Its all about money, trust me I know. Or he may end up in jail everytime he turns around. I respect you for standing by your husband through this you are a good wife. But thats what I would suggest based on how horrid the X is. I think we married the same woman lol. If I can help further send me an email. Also military service is also a good way to counter child support
 

sunshineinrain

Junior Member
Thanks for your reply, we have already discussed terminating his rights, this does seem to be the only option, I dont know if I wrote this, but she has asked him 3 times already to terminate, and each time he has said no, he ends up in jail. We are just waiting to hear from her attorney now. I certainly hope you didnt marry a woman like this, I know how trying it can be. thanks again! :)
 

Phnx02

Member
sunshineinrain said:
Thanks for your reply, we have already discussed terminating his rights, this does seem to be the only option, I dont know if I wrote this, but she has asked him 3 times already to terminate, and each time he has said no, he ends up in jail. We are just waiting to hear from her attorney now. I certainly hope you didnt marry a woman like this, I know how trying it can be. thanks again! :)
This is what happens when you marry a dead-beat dad. You took on all his problems and legal bills. Chances are if you 2 ever split up, he'll do the same to you. The only way you can resolve this is to become current on all child suppot.....and stay that way. Terminating parental rights just to get out of paying child support is a cop-out.
 

Whyte Noise

Senior Member
Phnx02 said:
This is what happens when you marry a dead-beat dad. You took on all his problems and legal bills. Chances are if you 2 ever split up, he'll do the same to you. The only way you can resolve this is to become current on all child suppot.....and stay that way. Terminating parental rights just to get out of paying child support is a cop-out.
In case you missed it, he IS current on CS. The contempt is for attorney's fees, not CS.

An NCP losing a job thru no fault of their own (like the OP's husband) and then finding a job that paid less than before (like the OP's husband) does not make an NCP a deadbeat.
 

LdiJ

Senior Member
MissouriGal said:
In case you missed it, he IS current on CS. The contempt is for attorney's fees, not CS.

An NCP losing a job thru no fault of their own (like the OP's husband) and then finding a job that paid less than before (like the OP's husband) does not make an NCP a deadbeat.
He isn't a deadbeat now....but he was in the past and that is what got him in trouble in the first place.
 

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