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purging contempt - non payment of JVE

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wayupnorth

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I don't get child support but divorce decree (2004) says that the ex and I shall each pay 50% of any outstanding taxes/debts and that we would each pay 50% of our children's joint variable expenses to be submitted to one another quarterly and reimbursement shall be paid immediately.

so - I file the JVE quarterly (and inlcude the payments I am making to IRS) for 50% reinbursement. He doesn't pay ever and so every year since 2009 I file a motion and affadavit for contempt of court. We go in front of the court commissioner, he does his song and dance, the commissioner finds him in contempt of court and sentences him to 90 days with right to purge by making monthy payments (started at $40 month, now they are $160/month) He still doesn't pay, I send letters to CC as instructed letting them know he has not purged, nothing happens. So he has 4 separate contempt orders: 2009, 2010, 2011, 2012.
But last week when we in court for non-paymnet of 2011 JVE and he got caught in a couple of lies by the commissioner and then she asked me what I wanted to do I said I wanted the contempt orders enforced. She said she would send a bench warrant request to the judge for signature.

Now - my questions are:
1. Would each contempt charge be looked at separately?
2. If he were to say pay me $160 before the police find him would that purge all the contempt charges and leave him scot free?
3. Will I know if/when the warrant is signed?
4. do I get a chance to give my side of the story?
5. Is this enough for me to get full placement of our child?
 


mistoffolees

Senior Member
Now - my questions are:
1. Would each contempt charge be looked at separately?
Probably, but why does it matter if they're all being considered at the same time. It won't make that much difference if the judge sees 4 orders for $1 K each or one order for $4 K. The judge might be a little more upset that it's repetitive, so he might be less willing to accept excuses, but it's probably not going to make THAT much difference - obviously, ex has been ignoring the judge's orders for years.

2. If he were to say pay me $160 before the police find him would that purge all the contempt charges and leave him scot free?
Read whatever the court ordered. No one here can tell you that.

3. Will I know if/when the warrant is signed?
Probably not unless you regularly check court records to see if there's a warrant out for him.

4. do I get a chance to give my side of the story?
I doubt it. Contempt is a quasi-criminal charge. It's essentially between ex and the court.

5. Is this enough for me to get full placement of our child?
Why in the world would you think that custody (which is based on the best interests of the child) would be changed because you haven't been paid?
 

wayupnorth

Junior Member
Well - I was thinking about the placement issue because the bum doesn't have a job,(keeps getting fired and has not held a steady job forever) is mooching off/living with the girlfriend and unless he wins the lottery doesn't have the $$ to purge. He did once upon a time but audio systems, eating out etc are priorities. I asked about the 4 separate contempt charges because I wonder when he is picked up if it will be likely to be 90 days or 4 x 90 days? Lot of time in the pokey and I am NOT leaving DD with his girlfreind or parents for one minute. ( his parents keep calling me asking me to tell the judge to withdraw the contempt charges and warrenet, it is all a big mistake)

He is driving an unregistered vehicle with $600 in unpaid parking tickets on top of it. He left the previous owners tags on it - I know cause my oldest son was the previous owner and the tickets came to my house.

So I am just wondering what to expect.
 

mistoffolees

Senior Member
Well - I was thinking about the placement issue because the bum doesn't have a job,(keeps getting fired and has not held a steady job forever) is mooching off/living with the girlfriend and unless he wins the lottery doesn't have the $$ to purge. He did once upon a time but audio systems, eating out etc are priorities. I asked about the 4 separate contempt charges because I wonder when he is picked up if it will be likely to be 90 days or 4 x 90 days? Lot of time in the pokey and I am NOT leaving DD with his girlfreind or parents for one minute. ( his parents keep calling me asking me to tell the judge to withdraw the contempt charges and warrenet, it is all a big mistake)

He is driving an unregistered vehicle with $600 in unpaid parking tickets on top of it. He left the previous owners tags on it - I know cause my oldest son was the previous owner and the tickets came to my house.

So I am just wondering what to expect.
Really, none of that makes him unfit to have custody or visitation.

When he's in jail, he obviously won't have custody or visitation, but when he's out, he will have every right to go back to the existing court order unless the court changes it. And they will probably not change it because of non-payment of support.
 

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