criminal contempt and non-support?

[special mom]

What is the name of your state? MD

I have a question regarding criminal contempt of court and non-support hearings. The NCP is facing 2 charges of nonsupport and criminal contempt. The hearing was scheduled for February 5 but he’s attained an attorney and they have filed for demand for jury trial and Motion to Dismiss Charging Document and to Suppress Evidence. I spoke with the clerk of criminal court and they told me that I didn’t need an attorney since this is between the state and him, I also spoke with CSE and was told that until they received a new court date they can’t open a work order for an agent to call me. My daughter s facing a life threatening illness and I cant take her out in public because she has 2 brain surgeries scheduled for the end of February and if she’s sick it jeopardizes her surgery. I would like to know, if he’s found not guilty, does this affect how much his court ordered arrearages are and what the worst case scenario is regarding the outcome if he’s found not guilty. The evidence they are trying to suppress is my daughter’s medical condition and medical bills, in addition to letters entered into evidence during child support hearings on our behalf when I was unable to attend the hearings due to my daughter’s severe medical condition. These were all agreed to by both parties before being entered into the records. He is trying to get out of paying any child support because of a fundraiser, but if he’s found not guilty could the arrearages be dropped, and since this is a criminal case, could they change the amount of support, or would it only determine whether he faces jail time?

Thank you,

Special Mom

 

[ceara19]

What is the name of your state? MD

I have a question regarding criminal contempt of court and non-support hearings. The NCP is facing 2 charges of nonsupport and criminal contempt. The hearing was scheduled for February 5 but he’s attained an attorney and they have filed for demand for jury trial and Motion to Dismiss Charging Document and to Suppress Evidence. I spoke with the clerk of criminal court and they told me that I didn’t need an attorney since this is between the state and him, I also spoke with CSE and was told that until they received a new court date they can’t open a work order for an agent to call me. My daughter s facing a life threatening illness and I cant take her out in public because she has 2 brain surgeries scheduled for the end of February and if she’s sick it jeopardizes her surgery. I would like to know, if he’s found not guilty, does this affect how much his court ordered arrearages are and what the worst case scenario is regarding the outcome if he’s found not guilty. The evidence they are trying to suppress is my daughter’s medical condition and medical bills, in addition to letters entered into evidence during child support hearings on our behalf when I was unable to attend the hearings due to my daughter’s severe medical condition. These were all agreed to by both parties before being entered into the records. He is trying to get out of paying any child support because of a fundraiser, but if he’s found not guilty could the arrearages be dropped, and since this is a criminal case, could they change the amount of support, or would it only determine whether he faces jail time?

Thank you,

Special Mom

Being found not guilty in the criminal case should have no affect on the arrears owed. The criminal court cannot adjust the child support order either. The child support order is still a CIVIL issue.

While he MAY have a valid CRIMINAL defense for failing to pay child support (involuntary impoverishment, for example), that does not relieve him from the CIVIL obligation.

 

[GrowUp!]

What is the name of your state? MD

I have a question regarding criminal contempt of court and non-support hearings. The NCP is facing 2 charges of nonsupport and criminal contempt. The hearing was scheduled for February 5 but he’s attained an attorney and they have filed for demand for jury trial and Motion to Dismiss Charging Document and to Suppress Evidence. I spoke with the clerk of criminal court and they told me that I didn’t need an attorney since this is between the state and him, I also spoke with CSE and was told that until they received a new court date they can’t open a work order for an agent to call me.

Two things: the Clerks can not dispense legal advice to you. If you listen to their "advice", you're on your own and you can not fault them if they told you something wrong. As far as CSEA, they do not work for you. Again, you are on your own. If he's retained an attorney and you are going into the hearing without one, you will be expected to know procedure and rules and won't be given any slack.

My daughter s facing a life threatening illness and I cant take her out in public because she has 2 brain surgeries scheduled for the end of February and if she’s sick it jeopardizes her surgery. I would like to know, if he’s found not guilty, does this affect how much his court ordered arrearages are and what the worst case scenario is regarding the outcome if he’s found not guilty. The evidence they are trying to suppress is my daughter’s medical condition and medical bills, in addition to letters entered into evidence during child support hearings on our behalf when I was unable to attend the hearings due to my daughter’s severe medical condition. These were all agreed to by both parties before being entered into the records. He is trying to get out of paying any child support because of a fundraiser, but if he’s found not guilty could the arrearages be dropped, and since this is a criminal case, could they change the amount of support, or would it only determine whether he faces jail time?

His arrears will not go away. But you have to prove your allegation that he is "trying to get out of paying."

 

[Ohiogal]

If the fundraiser was raising money for your child's medical bills and it was not fully disclosed how much was raised from said fundraiser when the "agreement" was made then dad has every right to appeal. Such money is considered an asset of the child and can be taken into consideration when setting child support for the child.

 

[ceara19]

If the fundraiser was raising money for your child's medical bills and it was not fully disclosed how much was raised from said fundraiser when the "agreement" was made then dad has every right to appeal. Such money is considered an asset of the child and can be taken into consideration when setting child support for the child.

That's true as far as the actual child support order is concerned. However, even if the amount wasn't fully disclosed, I don't see this argument going over well with a jury in a criminal case. Especially if all of the money was spent on medical bills for the child.

 

[special mom]

All of the fundraisers were done well after the support modification. As a matter of fact, the only reason there was a fundraiser in the first place was because my stepdaughter overheard my husband and me talking one night about how we’d pay for all of this, especially without receiving child support. She took it upon herself to organize the fundraiser with her track team and key club in her school in DE. I didn’t know anything about it until the newspaper called to interview me and ask for a picture of my daughter. When NCP’s older child heard about what my stepdaughter had done, she did one in her home school in TX. The community has been touched by my daughter and they have reached out to our family. That being said, I’ve not seen one dime of any of the money raised. I spoke with an attorney who advised me to set up a fund through a charitable foundation so the money will never belong to us. I have no problem if the courts decide to deduct some of his support for medical bill since some of them will be paid by the charitable fund, but her condition is an ongoing thing and long after the money is gone, the bills will keep on coming.

I need to know if I need a lawyer for this since it is a criminal case being prosecuted by the state. So far, since he didn’t serve me with the civil writ of summons and it expired, his case for a modification is non-active. I’ve been unable to work since December, because of the amount of seizures my daughter is having, and have had no income I really don’t want to hire a lawyer if it’s not necessary.

Thank you...

 

[ceara19]

All of the fundraisers were done well after the support modification. As a matter of fact, the only reason there was a fundraiser in the first place was because my stepdaughter overheard my husband and me talking one night about how we’d pay for all of this, especially without receiving child support. She took it upon herself to organize the fundraiser with her track team and key club in her school in DE. I didn’t know anything about it until the newspaper called to interview me and ask for a picture of my daughter. When NCP’s older child heard about what my stepdaughter had done, she did one in her home school in TX. The community has been touched by my daughter and they have reached out to our family. That being said, I’ve not seen one dime of any of the money raised. I spoke with an attorney who advised me to set up a fund through a charitable foundation so the money will never belong to us. I have no problem if the courts decide to deduct some of his support for medical bill since some of them will be paid by the charitable fund, but her condition is an ongoing thing and long after the money is gone, the bills will keep on coming.

I need to know if I need a lawyer for this since it is a criminal case being prosecuted by the state. So far, since he didn’t serve me with the civil writ of summons and it expired, his case for a modification is non-active. I’ve been unable to work since December, because of the amount of seizures my daughter is having, and have had no income I really don’t want to hire a lawyer if it’s not necessary.

Thank you...

You don't need an attorney for his criminal case. Really, your only involvement will be as a possible witness and you may not even be called to testify.