Contempt of Contempt?

[FrustratedMommy]

What is the name of your state? TX

I am asking for a friend so please bear with me.

Friend took her ex to court for not paying his portion of the medical expense as he's required. He was found on 4 counts of contempt and handcuffed in the courthouse. She opted to make payment arrangements rather than send him to jail that day. He agreed to pay 100.00 per month for 5 months. His release was secured with his promise and the court order to pay 100.00 a month ON TIME.

He paid July's payment in June. August 1 has come and gone, payment has not yet arrived. Is he in contempt again?

What procedures should she take? She went to the court this afternoon to get the motion entered however, her attorney did NOT speak up and mention the non-payment as she told my friend she would.


Any ideas? Helpful suggestions?

Thanks in advance!

 

[JETX]

He paid July's payment in June. August 1 has come and gone, payment has not yet arrived. Is he in contempt again?

Yes.. but it is not the SAME contempt as you imply.
The first 'contempt' was resolved by her letting him off with a idiotic promise to pay (when he clearly had not been before!!).

What procedures should she take?

She needs to file ANOTHER contempt motion.

 

[acmb05]

What is the name of your state? TX

I am asking for a friend so please bear with me.

Friend took her ex to court for not paying his portion of the medical expense as he's required. He was found on 4 counts of contempt and handcuffed in the courthouse. She opted to make payment arrangements rather than send him to jail that day. He agreed to pay 100.00 per month for 5 months. His release was secured with his promise and the court order to pay 100.00 a month ON TIME.

He paid July's payment in June. August 1 has come and gone, payment has not yet arrived. Is he in contempt again?

What procedures should she take? She went to the court this afternoon to get the motion entered however, her attorney did NOT speak up and mention the non-payment as she told my friend she would.


Any ideas? Helpful suggestions?

Thanks in advance!

By on time what do you mean? Does it specifically state the day of the month he is to pay If it does not then he could wait till Aug 31st to pay for the month of August.

 

[FrustratedMommy]

It is written in the order that it is to be paid ON the first of the month. I was also informed that the paperwork says hes on probation?

It also states:

"Provided however that the incarceration for each such contempt (4 contempts), is suspended and he is placed on community supervision for a period not to exceed 5 years as long as he meets the following requirements"

"A violation can result in arrest by warrant and revocation of community supervision"

 

[frcisafraud]

Are people frequently handcuffed for contempt of court over finacial obligations?

 

[ceara19]

Are people frequently handcuffed for contempt of court over finacial obligations?

People are frequently handcuffed in court for ANYTHING that the judge feels is contemptuous. Failure to pay support for a child (and payment of medical bills IS a type of support) is NOTHING like failing to pay Mastercard. Not fulfilling your financial obligation to your child is a crime.

 

[ceara19]

It is written in the order that it is to be paid ON the first of the month. I was also informed that the paperwork says hes on probation?

It also states:

"Provided however that the incarceration for each such contempt (4 contempts), is suspended and he is placed on community supervision for a period not to exceed 5 years as long as he meets the following requirements"

"A violation can result in arrest by warrant and revocation of community supervision"

Has your friend bothered to just ASK him if the payment has been sent?

Even if he hasn't paid it, she needs to consider the fact that if dad goes to jail, she won't see the $300 he still owes until AFTER he is released. Plus, child support will be minimal, if it is even paid at all.

Some Texas counties will give the non-paying parent the option of being sentenced to a "chain gang" and working the arrears off or going into segregation or solitary to serve the sentence. If they opt to work, they are given a job working for the state (usually construction related) and paid a decent hourly wage (around $9-$12). Since they are a "guest of the state" the normal garnishment rules don't apply. The majority of the money goes to the other parent, the state keeps a portion to pay "room and board" for the prisoner and the prisoner gets to keep a small amount in their prison account.

However, if your friends ex is only $300 in arrears, he would not qualify for the program even if it is offered in the presiding county.

 

[FrustratedMommy]

Yes she has asked. I think whats got her upset is the fact that hes basically thumbing his nose at the court. Nothing will happen blah blah blah. Given the entire history of the case I can't honestly say I blame her.

Not sure what this community supervision is or if hes required to report to anyone, anywhere but someone from the court really needs to get on him otherwise she won't see another dime of what she's owed.

Thank you!

 

[Zephyr]

Just is case it makes any difference- the financial obligation is not cs, I believe it is reimbursement for medical bills- not cs- the parent in contempt is the custodial parent.

 

[ceara19]

Just is case it makes any difference- the financial obligation is not cs, I believe it is reimbursement for medical bills- not cs- the parent in contempt is the custodial parent.

In Texas, medical bills or reimbursement for medical costs incurred for a child and health insurance and reimbursement for premiums are under the "Child Support" umbrella. Failure to pay for those expenses carry the same punishment as failure to make court ordered child support payments. It is normally listed as "Medical Support for the Minor Child" in court orders.