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Contempt on CS & Judges Consequenses

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Swany

Junior Member
What is the name of your state? California

I've filed Contempt on my ex for $11,000 in back Child Support. As some of you've read earlier, the ex filed Chapter 13 and added this back support to his Claim. Apparently, after talking to my attorney, this won't work with the Judge once we get in front of her. So, what if he's self employed, always claims to have no money. What does the Judge think about that?....His Chapter 13 deal, he only claimed his two car payments (his new Mercedes & new Mini Cooper) and a part of a Business Loan of $5,500. Apparently, he's giving up his house and moving to an apartment with 3-4 bedrooms so when the kids visit he'll have rooms for them. Also, last year, when I filed Contempt then, he tried hiding his "new" business under his Wifes name, so we wouldn't find out about it.....The Judge got very mad. Will she remember a year later? Will that all be out in the open for her to remember this? So, what if we're in court, he explains that he's poor, no money, no way to make money, has his house reposessed etc. etc....the whole big sob story, and then he asks to reduce his support because of his "slow" business.....How does a Judge MAKE him pay? What if he says he "can't." How does the Judge enforce payment?

Anyone with any experience with these issues?

Thanks Swany
 


TNBSMommy

Member
My ex tried to pull the poor me, I can't afford it, judge told him, "get a job".
We have gone in front of the same judge, and he always knew who my ex was, I am pretty sure(short of looking over the judges shoulder to be 100%) that the judge has your papers in front of them, and your case history.
Good luck, don't give up on it, the more you fight, the better your chances of actually getting your child support.

Although noone can say exactly what the judge would say, the chances are good he will tell your ex to do whatever he can or face contempt charges which could result in loss of his license, or even jail time.The judge could set a review to give him a chance to pay. There are ways for the judge to enforce it. I have also seen, while waiting for our case, the judge tell the NCP's "I don't care how you get the money, you have kids to support, FIND a way."
 

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