understanding contempt

[LdiJ]

Agreed. Further, if he comes in with his 20 job searches a month, and says (something to the effect of) look your honor, I'm diligently looking for a job, but just can't find one! Here's my proof!

No contempt.

Further, it's harder than hell to get someone found in criminal contempt of an order. You can't walk into a family court and be hauled off to jail. The DA has to pick up the case, they have to file, he has to be arraigned.... I can go on and on and on about how this will NOT land him in jail, but you get the point.

So in CA a judge cannot toss someone in jail for civil contempt until they pay a purge?

A judge can sure do that in a lot of states...if not most of them.

 

[LdiJ]

If the court order says he's supposed to pay half and you are forced to pay it to protect your credit rating, you can certainly go back to court to force him to pay his half. You can ask the court to order him to pay interest, as well.

HOWEVER, be sure that the taxes really need to be paid. If he has a document saying that they don't need to be paid, then he wouldn't have to reimburse you - and you'd end up having to fight with the IRS to get your money back. I'd do everything you can to find out what the letter from the IRS says. If the taxes were filed jointly, you have every right to get a copy. If they were filed separately, you don't have to pay any taxes in his name and a letter to him would not address your tax liability.

Just FYI Misto...if there is a joint tax liability and one of the parties gets a "deferral" the IRS will still pursue the other party for the full amount of the debt.

Once in a blue moon, if you are really lucky and get a sympathetic agent, the other party can also get a temporary deferral, but that's REALLY rare.

 

[mistoffolees]

Just FYI Misto...if there is a joint tax liability and one of the parties gets a "deferral" the IRS will still pursue the other party for the full amount of the debt.

Once in a blue moon, if you are really lucky and get a sympathetic agent, the other party can also get a temporary deferral, but that's REALLY rare.

That's why I said that she needed to make sure the taxes didn't need to be paid. It turns out that my suspicion was right - the document DOESN'T say that the taxes don't need to be paid - it says that he can defer payment for some time. Since she didn't also get a deferral, the IRS would be likely to go after her - which is why I suggested that she pay it and then sue him to recover her share.

 

[LdiJ]

That's why I said that she needed to make sure the taxes didn't need to be paid. It turns out that my suspicion was right - the document DOESN'T say that the taxes don't need to be paid - it says that he can defer payment for some time. Since she didn't also get a deferral, the IRS would be likely to go after her - which is why I suggested that she pay it and then sue him to recover her share.

I agree...that is her safer bet. It protects her credit and credibility with the IRS, even if she cannot ultimately collect from him.

 

[torimac]

Update

Tomorrow is the court date for the contempt charge. I have no idea what the judge will do. She seemed a bit strict and he has not followed her orders completely.

To summarize:

He did get a job. It is an independent contract job (1099). He did not report his income as the judge ordered and has not given the court, my lawyer or child support services any information regarding his employer, hours or wages as ordered by the judge.

He has made two payments: $50 in June and $100 in July. His total amount in arrears is now over $30,000.

I have moved since the court date as I was laid off from my job. I had been looking for some time in CA, but had no offers. Moving decreased my living expenses and increased my employment opportunities. I have had two interviews this week, two more than I had in CA.

So we will see what the judge makes of it all tomorrow. Technically, he has followed the letter of the order, except for reporting the income. He found a job, made a payment. It still irks me that he had the ability to pay when he received a settlement a little over a year ago and paid not a cent. Here's hoping the courts have him realizing that this is serious, but I fear that CA will give him a slap on the wrist (or nothing) since he has made a few payments.

 

[torimac]

no show

Well, my ex did not show up. His lawyer did not know why. The judge issued a bench warrant and then rescheduled for the end of September.

I am very glad that I did not waste money on a plane ticket.

I have not talked to my lawyer yet, but as I understand it, a bench warrant will be held until the next court date. If he does not show up again, they release the warrant? Of course the odds of him randomly getting stopped in another state are slim, but it is some incentive to get him to court I guess.

Not the best way to get a judge to see your side of the story.

 

[torimac]

update

First of all, I did not make it back to CA for the trip, but my lawyer was there. And the ex and the other lawyer.

After asking for proof of income for months, the ex finally showed up with financial information to show the judge. She was definitely more lenient than I had hoped. She reschedule the sentencing hearing for December. My ex has to make child support payments now that he is earning money. Of course, he insisted that after expenses, there was not enough to make a child support payment, let alone any extra to the arrears. The judge did not have any sympathy as he is making about 2k a month. He's been working since June 1 and has paid $150 total for the summer months.

According to the judge, if he does not pay child support, in December he will be looking at jail time. So, a bit more waiting, but hopefully this portion of the battle will be done by the end of the year.

And I have finally finished paying the IRS bill. So I imagine that trying to recover half of the bill from him will be the next battle.

 

[torimac]

1099 question

If a parent is employed by a contract agency, a 1099 contractor, is the employer required to withhold child support as with a standard employer?

Just wondering as my ex is now employed as a 1099 contractor. He claims that with his work related expenses, he cannot pay child support and that his employer does not take any money out of his pay for anything: taxes, child support, etc. And that his employer cannot do so because he is a 1099 contractor.

Is it true that legally such employers are not required to withhold child support payments before paying the employee?

If it matters, the child support orders are out of California, the npc lives in Nevada and the contract agency is headquartered in Texas. The actual work is being done in Nevada.

 

[birdbrain53]

Well, the judge was very patient and went over each item and the details:

The accidental contact that my daughter sent via Facebook was ruled accidental.
The grandparents issue had no order, so I can't be in contempt.
He was not able to specify what was not returned to him except for a few dishes and a box of pans. We went over the division of property line by line. I told the judge I had no idea where they were, they were in the house when I left.
Custody issues were not reviewed or changed because of the current restraining order. The judge explained that he needed to file the proper forms to have it reviewed, along with the custody issues.

Regarding the contempt charges I presented, failure to pay child support and the IRS back taxes, he has requested a jury trial.

Not exactly a legal question, but can anyone tell me what to expect in a jury trial for back child support and court ordered payment of back taxes? I can prove that he had the ability to pay, I know he was served with the paperwork.

Jury trial for child support and back taxes? Not in California! (I'm in California BTW). I think the judge is snickering in his chambers over that one.

He will get a hearing for the child support and IRS taxes before the same judge when he files a new motion about those items.

Jury trial, heh, glad I wasn't drinking anything when I read that.

 

[stinastina]

Torimac, I admire your tenacity !

In 09 I filed a contempt order against my ex because he was 20K in arrears. I had him served in his state (I'm in GA) and he did not appear and did not answer so the judge issued a warrant for his arrest. When the sheriff was looking to arrest him, he decided to hire a lawyer and they asked for a new hearing. At the new hearing his lawyer and I worked out a lump sum payment and an increased monthly payment for child support.

So other judges may issue arrest warrants for arrears. From my understanding, if he had been jailed, he would not have been released until he paid something.

I am anxious to hear what will happen for you in December. Best wishes !

 

[mistoffolees]

If a parent is employed by a contract agency, a 1099 contractor, is the employer required to withhold child support as with a standard employer?

The employer is required by law to report 1099 income to the child support agency, but I can't find anything about whether they can withhold.

There was a thread in this forum about 2 years ago where some people claimed that CA could withhold child support arrears from 1099 income, but I can't confirm that it's true.

 

[Banned_Princess]

Aha. thats what "dad" gets for filing a contempt case against mom over nothing.

Good for him.

 

[torimac]

Child Support collection across state borders

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.

Texas received certified copies of the child support order from California and has been working on enforcing that order. He was sent letters, his employers were sent letters. He ignored the letters. The employers state he no longer works form them as of 10/25/2012, which is curious because he has posted online working for them after that date.

Here's what I am trying to understand...
Texas has said that they need to work with Nevada, where he lives, for enforcement. The agency rep said all they could do is schedule a court date and if he does not appear, issue a warrant for non-appearance. This warrant would only be enforced if he was stopped for some reason in TX.

Is it true that TX has no recourse to actually enforce an order for a parent that lives in another state? CA had little luck getting NV to work with them regarding enforcement. I am wondering what my options are, short of hiring a lawyer. That did not work very well last time. Does it matter that he is over the $5k limit, which I understand makes the avoidance of child support payment a federal offense?

 

[stinastina]

Hi, there ! I remember you from a couple of years ago. I live in GA and my ex now lives in Cali. I believe whatever state the child support began in has jurisdiction. If he moves from that state, they still have authority over him in regards to child support. If you remember, I filed contempt in GA, my ex did not answer and the judge issued a warrant for his arrest. I knew where he lived. I paid for a copy of the arrest warrant to be sent to the sheriff's of the county he lived in. They tried to arrest him but he dodged them, hired a lawyer and asked for a new court date. At the new court date, we came to an agreement. He paid on time for about a year. He and his wife broke up, he's moved twice and now all I get is his tax returns.

My advice: go ahead with the court date. If you can get a warrant, notify the county in which he lives so they can go pick him up (it may cost you about $20). He may be motivated to pay after being threatened with jail. Good luck and keep me posted !

 

[torimac]

The original orders are from CA, but neither myself or my ex lives there. When I called OAG today, they said they did not want to go to court because all they could do is issue a warrant for not showing up to court, which was only good in Texas.

Last month when I called, the person at OAG said the next step was court. I am getting different stories depending on who I am talking to. Unfortunately, I can't afford an attorney at this time, so filing on my own is not really an option.