• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

does anyone know???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jellybe999

Guest
What is the name of your state? PA
I will try to make this as short as possible... I have a PFA against my husband (protection from abuse) first i had an emergency one then when I was at the court house the next business day filing for my temp. one i was called home by the police becasue myhusband had broken into my home and set of the alarm. after that the judge gave me a temp. order. That night he cam back to the house and did alot of damage...took a knife and sliced our pool, damaged alot of outside things, took all the papers out of my car and built a fire in my back yard..ect.. anyway it came out to 2,081.23 total damage. he was arrested for that. staied in jail untill the hearing date for the violation of the PFA and the hearing date for the perm. PFA. ok... well he had a lawyer and I didn't.. which I have learned from my mistakes... I spoke with his lawyer before the hearing that day and to make a long story short my e and his lawyer talked me into dropping the PFA violation in return for getting an 18 month PFA and my x paying for the damages.. My main thing was getting a PFA to finally be away from the abuse and to protect my kids... so I agreed.. well the judge gave him 90 days to pay the damages. well about 1/12 weeks later I recieved a copy of a letter that was the sent to the judge who heard my case by my x's lawyer.. it stated that he could not pay the damages within the 90 days because "1) the amount of the damage (most of which is marital property) is too high for his limited income. 2) he has to pay child support 3) he has to find and pay for housing since there is a PFA in effect and he cannot return to the marital residence." Well after this letter the court did not eztend the 90 day pay back order. WEll this is the thing. 90 days is finally up this saturday... I plan on going to court on monday and filing a charge that he did not pay the money owed and ordered by the court. He has not given me anything.. not a penny... He also has not paid any child support... as a matter of fact i have a child support order and he has just gone in and pitioned to have child support stopped because.."he now has a doctors note stating that he is mentally unstable to have a job" He had a job when he did all of this damage and worked till he got fired from this job. so now he trying to collect welfare since he can't get a job..thia is what I was wondering.. does anyone have any idea what the judge will do about this?? I mean I would have never dropped the PFA violation if his lawyer had not come to me and offered to pay the damages.. I should have known better. and up untill a a month ago he did have a job but he didn't pay any damages or child support for that matter. He doesn't seam to have any money to pay the damages but he has the money to pay for a lawyer to represent him for this and for our custody hearings.. When I go and file that he has not foloowed the court order will they arrest him? will they put out a warrent for him?? I dont even know what he will be charged with for not paying the damages. I wonder if the judge is just going to let him get away with not paying since he is getting away with not paying for child support.. I mean no one in child support seams to care about my kids.. he has a doctor's note so now he doesn't have to pay any support.. what about the kids?? how could he have a job and then get fired and then be ordered to pay child support and then all of a sudden get a docotr's note saying he can't work. he was working before but he doesn't want to pay support and now he doesn't have too.... I ave to say that I think that this system really stinks.... please if anyone knows anything about this please let me know... by the way I live in carbon county..in the pocono's
thanks Wendy
 


M

Mac35

Guest
i live in lackawanna county pfa`s mean crap they dont help .male or female i got arrested just because she said i called her a bitch ( ididnt) but it dont matter she called my kids curses the month before she didnt get arrested
 
M

Mac35

Guest
and one more thing........in Pennsylvania all the judges are bums LOL
 
M

Mac35

Guest
just one more thing i was made to pay child support thats a law he HAS to pay
 
J

jellybe999

Guest
you would think that was the law and he would have to pay child support... but if you have a doctor's note saying that you can't sork for whatever reason.. you DON"T have to pay any support.. well that is what he is being able to get away with. not only that but since he can't get a job now they will not go after him for the back child support. He will still owe the back support that he already owes but they will not go after him to get it since" he can't work" what is going on with the system????
 
K

KCMR

Guest
"and one more thing........in Pennsylvania all the judges are bums LOL"

WHAT? come on now I live in Pennsylvania, and I can name quite a few very fair and moral judges that I have worked with. I don't live in a rural area like, "carbon county" ...however to make such a generalized statement that the judges are bums is just ridiculous.?!?!?

Perhaps the people who don't pay their child support should be considered "bums"?
 
J

jellybe999

Guest
i agree

i am not the one that said all judges are bums... as a matter of fact the judge i went in front of for my PFA... judge Webb i thought was very good.. as I have said I did get an 18 month PFA which is the most that you can get.. I also agree that if you dont pay chils support you are a bum.... I just really do think that the system needs a few changes.....
 
M

Mac35

Guest
??

Aricci said:
"and one more thing........in Pennsylvania all the judges are bums LOL"

WHAT? come on now I live in Pennsylvania, and I can name quite a few very fair and moral judges that I have worked with. I don't live in a rural area like, "carbon county" ...however to make such a generalized statement that the judges are bums is just ridiculous.?!?!?

Perhaps the people who don't pay their child support should be considered "bums"?

i had a PFA hearing not to long ago the judge in my hearing was asleep i think because the girl i got it against lied and her husband lied rigght in front of him let put some of the hearing in here


[my lawer question to her] do you own a windstar?
[her anser] no i have never owned a windstar i own a durango
[his next question]what did you own before the durang?
[her answer] a windstar

lie after lie i told nothing but the truth and he gave her a PFA against me as well.i got one one her too
 
M

Mac35

Guest
jellybe999 said:
you would think that was the law and he would have to pay child support... but if you have a doctor's note saying that you can't sork for whatever reason.. you DON"T have to pay any support.. well that is what he is being able to get away with. not only that but since he can't get a job now they will not go after him for the back child support. He will still owe the back support that he already owes but they will not go after him to get it since" he can't work" what is going on with the system????
he should be able to get disablity then you get part of that
 
dont quote me on the legal terminology, because it is a little different in Illinois..

You need to file a "motion to show cause", meaning,he has to show cause why he should not be held in contempt for failing to follow the court order. He may be able to state that he can no longer pay anything because of some doctor's note, but that does not exonerate him for not paying while he was working. Additionally, if his attorney filed a letter with the court stating he could not pay because of,in part, the child support obligation, which you state he didnt pay either...that is a 2nd contempt charge. File on both at the same time.

As far as a doctor claiming he cannot work...it takes a lot more than the opinion of one doctor to qualify as disabled. In order to recieve SSI, welfare or any other state benefits,there is a long process that has to be gone through. A claim has to be filed with SSI for starters. Unless and until that claim is validated, he is not legally disabled, and therefore it is not a legal defense. At best, if he has already filed all the appropriate paperwork, there may be a continuance on what he will be held responsible for in the future with regards to child support. You really should have an attorney for this, because I would think that a motion for discovery of those papers, and a status of the pending case with SSI would be appropriate. If nothing else, make sure the questions are asked in court; Did you file for SSI? When? When is your next appointment with them? What is the status of that case?

The bottome line is if it is his defense that he cannot now pay due to this supposed disability, make him prove that he has actually filed through proper channels, etc. I'm sure this wont be the first time a judge has had someone suddenly claim inability to work as a means of getting out of paying. Additionally, again I have to remind you that his attorney said he cant pay this because he is paying something else. You say he has not paid the child support, and it will be up to him to prove that he did, with cancelled check stubs, etc. And he certainly cant claim he gave it to you personally, because that would be admitting he violated the PFA again.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top