understanding contempt

[stinastina]

A warrant is a warrant. I don't understand why they would say it's only good in Texas. If that were true, then you could get all the warrants you want int Texas and run to some other state and be scot free. NOT !

You can file yourself - I did and it was well worth the $60. Can you appear at your court date ? If the next step is court, why delay it ? Doing nothing doesn't get you any closer to getting child support. I just told you I went through the same process and I got results. Do you have your ex's address ? That's all you need to get it started.

 

[LdiJ]

A warrant is a warrant. I don't understand why they would say it's only good in Texas. If that were true, then you could get all the warrants you want int Texas and run to some other state and be scot free. NOT !

You can file yourself - I did and it was well worth the $60. Can you appear at your court date ? If the next step is court, why delay it ? Doing nothing doesn't get you any closer to getting child support. I just told you I went through the same process and I got results. Do you have your ex's address ? That's all you need to get it started.

Warrants are only good in the state in which they are issued. Someone can and will be picked up on warrants issued by other states, but that ends up being meaningless unless the state that issued the warrant is willing to go to the expense of extradicting the person who was picked up on the warrant. Very few states are willing to go to the expense of extradicting someone for civil issues (ie child support) which means that getting a state to extradict them is rare.

And yes...someone actually could get all kinds of warrants, even criminal ones, in TX, run to another state, keep their nose clean and never be picked up. It all depends on the nature and seriousness of their crimes.

 

[stinastina]

Thanks, LDJ, for explaining that.

BUT, the person will be picked up and put in jail until the issuing state decides to extradite or not and that may take some time in and of itself. Most people do not want the inconvenience of sitting in jail.

 

[LdiJ]

Thanks, LDJ, for explaining that.

BUT, the person will be picked up and put in jail until the issuing state decides to extradite or not and that may take some time in and of itself. Most people do not want the inconvenience of sitting in jail.

IF the person happens to get stopped for a traffic violation or comes to the notice of the cops in some manner then yes, I agree they will get picked up on the warrant (in most cases) and sit in jail until someone decides what they are going to do. What you are not going to find is cops in the other state actively searching for the person that has the warrant.

 

[stinastina]

The sheriff WILL pick someone up if you send them the warrant. I had him served for the court date and when the warrant was issued after he failed to appear, I sent a copy of the warrant to the sheriff in his county and they went to his house to arrest him. He was able to dodge them for a week until a new court date was set. He lied and said he was never served even though I had proof of service from the sheriff of his county.

So if you communicate with the sheriff, like I did and have a correct address, they will try to arrest the deadbeat.

 

[smorgan30x]

It is unusual that he would be allowed to have a jury trial on the contempt issues. In my state (Texas) his only option would be a bench trial. In Texas at least, if he was behind on his child support he would likely be held in contempt, sentenced to jail time, and then the sentence would be suspended as long as he lived up to certain conditions. The conditions would likely include payment of your attorneys fees, timely payment of current child support, and payment of some fixed amount against the back child support that was owed.

 

[Proserpina]

It is unusual that he would be allowed to have a jury trial on the contempt issues. In my state (Texas) his only option would be a bench trial. In Texas at least, if he was behind on his child support he would likely be held in contempt, sentenced to jail time, and then the sentence would be suspended as long as he lived up to certain conditions. The conditions would likely include payment of your attorneys fees, timely payment of current child support, and payment of some fixed amount against the back child support that was owed.

And Texas is relevant...why?

 

[torimac]

domesticating an order

The TX child support is still trying to get Nevada to enforce my order, but I have a few more questions.

This is the year, I expect to have some significant medical bills as my daughter will need braces and glasses. I emailed my ex to say that per the child support order, he would be responsible for half of the uncovered expenses. He wrote back, stated that he is only earning $25k and will pay nothing.

According to the TX child support office, if this was a TX order, after sending him copies of the receipts, I would fill out some paperwork and it would be attached to the arrears. But I have a CA order and the CS agent was unsure as to how to domesticate the order as there is no form that I can fill out for that.

CA has asked that I release the order from them, but I am concerned that it will end up in a sort of limbo with no state having jurisdiction at that point. How do I change my CA order to a TX order? According to the TX CS, if I want to modify my order, I have to file in NV as that is where the NCP lives. This doesn't quite make sense to me as I thought CS orders resided in the child's state.

Any ideas on the process to domesticate the order to TX?

 

[TheGeekess]

The TX child support is still trying to get Nevada to enforce my order, but I have a few more questions.

This is the year, I expect to have some significant medical bills as my daughter will need braces and glasses. I emailed my ex to say that per the child support order, he would be responsible for half of the uncovered expenses. He wrote back, stated that he is only earning $25k and will pay nothing.

According to the TX child support office, if this was a TX order, after sending him copies of the receipts, I would fill out some paperwork and it would be attached to the arrears. But I have a CA order and the CS agent was unsure as to how to domesticate the order as there is no form that I can fill out for that.

CA has asked that I release the order from them, but I am concerned that it will end up in a sort of limbo with no state having jurisdiction at that point. How do I change my CA order to a TX order? According to the TX CS, if I want to modify my order, I have to file in NV as that is where the NCP lives. This doesn't quite make sense to me as I thought CS orders resided in the child's state.

Any ideas on the process to domesticate the order to TX?

No, custody follows the child, support follows the NCP.

 

[single317dad]

IF the person happens to get stopped for a traffic violation or comes to the notice of the cops in some manner then yes, I agree they will get picked up on the warrant (in most cases) and sit in jail until someone decides what they are going to do. What you are not going to find is cops in the other state actively searching for the person that has the warrant.

I would add an exception to that statement. I have had some luck having a couple of people picked up on "dead" warrants when the local PD was doing a big drug or prostitution sweep. When they do those, they have most or all of their arrest locations preplanned, and big numbers of arrests look good for them. They won't mind picking up another person on an unrelated warrant in an area they're already making a number of arrests in. Communication with the local PD can be hit-and-miss though, and I would agree that many times your statement is correct.

 

[torimac]

Update

So, California finally filed an request for enforcement and contempt with Nevada. Out of that court appearance, my ex was given restrictions on her driver's license. That really does not matter because she can file for an exception due to the fact that her work takes her all over northern Nevada.
At the end of last year, California closed my case and transferred the arrears (not sure if that is the correct term) to TX. So I now have only one open case in TX.

I call TX CS monthly. Every month they tell me that they are sending enforcement documents to NV. Last month, frustrated with the lack of action, I called NV. NV said that they no longer had an open case for me, and history only showed a closed case from CA. Nothing from TX. So, I called back TX with that information. They stated that they needed 15 business days to deal with this. So, I called on Friday as that is the date they told me to call back. I was told they needed another week. Out of curiosity, I called NV-still no change with them.

According to NV, I can do nothing, I have to wait until TX does something. Am I out of options-do I really have wait for TX? Can I somehow domesticate the order in NV or file for contempt? My ex is now 65k in arrears and it has been over a year since she has paid anything. And I really can't afford a lawyer at this time.

 

[wavehopper27]

If you ever write a book about this ordeal, please let us know so I can pick up a copy.

 

[Ohiogal]

So, California finally filed an request for enforcement and contempt with Nevada. Out of that court appearance, my ex was given restrictions on her driver's license. That really does not matter because she can file for an exception due to the fact that her work takes her all over northern Nevada.
At the end of last year, California closed my case and transferred the arrears (not sure if that is the correct term) to TX. So I now have only one open case in TX.

I call TX CS monthly. Every month they tell me that they are sending enforcement documents to NV. Last month, frustrated with the lack of action, I called NV. NV said that they no longer had an open case for me, and history only showed a closed case from CA. Nothing from TX. So, I called back TX with that information. They stated that they needed 15 business days to deal with this. So, I called on Friday as that is the date they told me to call back. I was told they needed another week. Out of curiosity, I called NV-still no change with them.

According to NV, I can do nothing, I have to wait until TX does something. Am I out of options-do I really have wait for TX? Can I somehow domesticate the order in NV or file for contempt? My ex is now 65k in arrears and it has been over a year since she has paid anything. And I really can't afford a lawyer at this time.

When did your ex change into a female?
Before you wrote this:

This is the year, I expect to have some significant medical bills as my daughter will need braces and glasses. I emailed my ex to say that per the child support order, he would be responsible for half of the uncovered expenses. He wrote back, stated that he is only earning $25k and will pay nothing.

According to the TX child support office, if this was a TX order, after sending him copies of the receipts, I would fill out some paperwork and it would be attached to the arrears. But I have a CA order and the CS agent was unsure as to how to domesticate the order as there is no form that I can fill out for that

And:
Update:

I moved to Texas in 2010. Dad has only paid $100 since the last court date. He continues to work as a 1099 employee.

Come on now. Is your ex male or female?
Did you lie to us at some point? (Her is not a typo by the way. Not even close to his.)

 

[Ohiogal]

If you ever write a book about this ordeal, please let us know so I can pick up a copy.

It should contain details on Torimac's ex's sex change operation as well.

 

[CJane]

It should contain details on Torimac's ex's sex change operation as well.

Her ex actually DID have gender reassignment surgery.