An update on my situation

[Radia]

What is the name of your state (only U.S. law)? TX

Its been a while, and I am not sure after the stuff that happened on here that you guys really even care.

But here is an update anyway.

Ex and his wife divorced, she moved on to someone else.

DD has been in counseling with myself and her brother (stepdad stays out of it so there is no illusion of overstepping, we have dealt with that too much).

It has come out that stepmom was indeed alienating her, and went as far as telling her that I tried to kill myself while pregnant with her, so I couldnt possibly love her.

Due to some other things that have since come out, we filed for a PO.

EX has been arrested 4 or 5 times in the last 6 months and is currently in jail. He has a grand jury indictment go out on him in September for his child support. He has been avoiding service for several other cases, I am trying to get him served for court while he is in jail.

The court is being vague as to what happens in a indictment case. I would assume he gets to request a court appointed attorney. I dont know if I let that go through, or if I produce proof that he bounces at a club (that is stupid enough to have live streaming of the club every night its open) and the paperwork that shows that he has paid over 5500$ in bail and bonds the last 6 mos.

Im banking on him having the same court appointed attorney he had previously, one that told me he didnt lose sleep over my EX's case. He insists that his clients show up to court with money to apply to the case every time.

Thanks for the help I got here, sorry about the drama it caused.

 

[Radia]

I would like to follow up with a question if that is ok...

He currently has a child support case from the state, and now the felony indictment from the county.

Is there any benefit, or what would the point be of bringing a contempt case against him myself at this time, or is it pointless with the rest going on.

There are other issues of contempt that wont be addressed with either of these cases, im just wondering the point of including the child support contempt as well.

Any input is appreciated.

 

[mistoffolees]

I would like to follow up with a question if that is ok...

He currently has a child support case from the state, and now the felony indictment from the county.

Is there any benefit, or what would the point be of bringing a contempt case against him myself at this time, or is it pointless with the rest going on.

There are other issues of contempt that wont be addressed with either of these cases, im just wondering the point of including the child support contempt as well.

Any input is appreciated.

He's in jail, so it's unlikely that he can pay. You could file for contempt, but it's not going to get you any money.

I would simply turn it over to the state child support enforcement agency for them to try to collect. First, they can seize any tax refund he might be getting. Aside from that, they can collect nothing as well as you can - and it won't cost you anything.

If his circumstances change and he starts working, they can collect.

I really don't think it's worth the trouble to file for contempt - and pushing him over the edge isn't going to help you collect, either.

 

[Proserpina]

He's in jail, so it's unlikely that he can pay. You could file for contempt, but it's not going to get you any money.

I would simply turn it over to the state child support enforcement agency for them to try to collect. First, they can seize any tax refund he might be getting. Aside from that, they can collect nothing as well as you can - and it won't cost you anything.

If his circumstances change and he starts working, they can collect.

I really don't think it's worth the trouble to file for contempt - and pushing him over the edge isn't going to help you collect, either.

I agree 100% with this.

The only other thing I'd comment on is the "he's a bouncer" issue. Sure, there might be video - but that doesn't prove he's being paid for anything (that's the point you're making, yes?).

Heck, it's not unusual (trust me..le sigh) for people to work for free just to gain access to whatever it is they're craving, be it sex drugs or rock-and-roll.

 

[Radia]

I see both your points.

He bonded out yesterday, bringing the total he has paid in bonds and bail to over 6000$ in 6 months. His child support for that same period would have been 2660$, to which he has not paid a dime in a year. He obviously has some means of getting money, and he has a cell phone, and gas money. Somehow he has income, he is dating a girl that is 21 and works at walmart, so I doubt she is able to support him on her income alone, especially to the tune of 6000 over 6 months with rent and other bills.

Misto, it has been turned over to the State Enforcement, it has been in their hands since 2003. They currently have a court date for the 3rd, this will be the third court date since he was arrested for the child support case through the state this time, he does not show up to them. He gave his parents address when he bonded out, which results in their inability to serve him. So no warrants for not showing up, because of due process. It is not because he does not know about them. This last time he didnt show and he was supposed to pick up DD for a visitation period. We had agreed that he could get her early from school as soon as court was over. He did not even show to pick her up. His excuse was that he thought he would be arrested again for not showing up at court the last time.

He has not filed taxes since 2002 or 2003, since the lien was put on his taxes for past due Child Support.

Pros, of course you are right about the bouncer issue, I had not considered that he may be working for something other than money. He just completed rehab for alcoholism and is on probation that states he is not allowed to be in places that serve more alcohol than food, and are categorized as a bar. Makes sense that if he will violate that, he is likely drinking again.

I called his probation officer to see if I could get him served at his next in person meeting with the PO, however I was told that he has never been to visit, doesnt pay his fees and restitution, and has missed court several times. They told me that a warrant had been issued for revocation of probation on the 28th of October. When we made the exchange of DD this weekend, I informed the police he would be there, he was picked up.

Im still torn on the idea of keeping my mouth shut about the court appointed attorney for the two cases (State and county child support), if he does have some form of income he should be paying for his own lawyer or doing it himself as I am.

The two times I have shown up for his cases that he has failed to show up for, both parties have been placed in front of the judge. The defendant is asked to verify the info on the income worksheet, and then the states witness is asked if they have any reason to believe this information is untrue, or that the defendant has access to funds from friends and family for a lawyer.

Am I better off letting him get a court appointed attorney, or should I speak up with the info I have?

The last time, the judge denied it for one guy because the guy had bonded out 2 months ago on the charge he was up there for and the amount was only 1000$.

I dont want to deny a guy due process, but I also dont want him to get help he doesnt need, while charging it to the county or state (not sure how that works)