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Should I call the probation officer of my wife?

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M

miamiparis

Guest
I live in Florida. My wife was arrested in Miami and was transferred to Indiana. She spent 11 months in prison because she didn't pay child support to her first husband in Indiana. After she was arrested, I discovered many hidden alcohol bottles in the kitchen, also her best friend, an old lady, came home to tell me that she discovered that my wife stole her strong pain pills, and the key of her condo, and some money. After investigating, I understood that my wife was alcoholic and an opiate addict before marrying me. She stole me a few things also. We have 2 small children. My wife was served divorce 1 month before getting out of prison. Now, she has a lawyer and 2 weeks ago, the judge said that we should wait to see if my wife can ask for her transfer to Miami so she can assist to the divorce trial. The judge also said that they are nuts in Indiana to put someone in prison for not paying child support. I told her brother and dad that I was concerned that my wife comes back home (because when she lived in Mexico with an old man, she told me that this old man died from suicide with pills 1 month before coming to meet me). The dad and the brother of my wife don't like her, they advised me to contact her probation officer and tell him that I don't want her to live with me in Florida. I forgot to say that my wife has been charged with felony for not paying child support. My parents advised me to not do that. I decided to follow the advice of my parents. But this morning, I went to the movie theater and I talked by chance to a divorced dad of 3 children, who has 50-50 for time sharing with the children. He told me that he paid $105,000 to his lawyer! This really scared me and now, I'm thinking to call the probation officer and tell him that I don't want her in Miami, so I wouldn't have to pay a lot for a trial, while all that is the fault of my wife. Now, I regret that I didn't start the divorce 5 months before I started it, when she was in prison. In Indiana, they know that she did opiate addiction after her lost divorce, while in Miami, they don't know her past.
Should I call the probation officer in Indiana?
 


justalayman

Senior Member
The judge also said that they are nuts in Indiana to put someone in prison for not paying child support.
gee, I guess they just don't take the responsibility for taking care of your children as seriously in Florida.

Maybe that judge should expand is literary circles and brush up on federal law:

(a) Offense.— Any person who—
(1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;
(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or
(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
(c) Punishment.— The punishment for an offense under this section is—
(1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and
(2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both.
Indiana is far from the only state that will imprison a person for failure to pay child support.


The dad and the brother of my wife don't like her, they advised me to contact her probation officer and tell him that I don't want her to live with me in Florida.
who said anything about her living with you? I would think you foolish to allow her to return to your home given the history and the situation in whole.


Should I call the probation officer in Indiana?
for what? to tell them of claims of issues? Nothing you stated is proven. They are allegations.

I forgot to say that my wife has been charged with felony for not paying child support.
in Indiana? Chances are she will not be allowed to leave the state until that issue is taken care of which would solve your concerns.
 
M

miamiparis

Guest
>who said anything about her living with you? I would think you foolish to allow her to return to your home given the history and the situation in whole.

I always heard that when 2 people are divorcing, they both have the right to live in their common home, until the divorce is pronounced. Technically, I own this condo because I bought it before getting married. I'm just afraid that my wife could tell her probation officer that because she is still married to me, she has the right to live at my home, and then the probation officer let her go to Miami without asking for my opinion. Of course, if the probation officer calls me, I would say that I don't want her to come back.

My wife has been forced to transfer the life insurance of her dad to her first husband. The value of this life insurance will be taken off her debt when the first husband will get money from the life insurance. So either he would sell the life insurance soon, either he would wait for the death of my wife's dad and get the maximum amount of money. Before that, my wife has to work and get her salary deducted with child support. I was told that after she transferred her life insurance, she can ask for the transfer to Miami, but I don't know if it can be approved or no.
 

justalayman

Senior Member
.
I was told that after she transferred her life insurance, she can ask for the transfer to Miami, but I don't know if it can be approved or no.
if there are felony charges outstanding, those would have to be dealt with to finality before she goes anywhere. Then, not only does Indiana have to agree to the transfer, Florida will have to accept the transfer.

but, are there outstanding felony charges? beyond what she already went to prison for? Your explanation regarding that is not clear.

but if she is on any sort of parole, her chances of receiving a transfer to Florida just about hit nil.




How long ago was the last time she lived in your home? Is the attorney she engaged in Florida?
 
M

miamiparis

Guest
The only felony charge is her not paying child support. She owes around $100,000 in child support. If the first husband sells the life insurance, he would get around $42,000 for it. If he waits for the death of her dad, he would get $100,000 for it. Right now, she is working as a waitress.
My children and me didn't see my wife since 1 year and 3 months. She was arrested at home on December 30th, 2013.
Her attorney lives in Miami.
The end of her probation is June 2016. I don't want to wait all this time before a divorce trial can occur.
Also, the judge asked her if she could come back to Miami only for the divorce trial. I don't know if the probation officer can grant her that or no.
 

justalayman

Senior Member
so she is not awaiting prosecution of a felony charge. That makes this statement of yours incorrect and misleading:

I forgot to say that my wife has been charged with felony for not paying child support.
the proper word would be had. Has is present tense, had is past tense.
but anyway, if she was released from prison, she is likely on parole rather than probation.

but to this:

My wife has been forced to transfer the life insurance of her dad to her first husband. The value of this life insurance will be taken off her debt when the first husband will get money from the life insurance.
If the first husband sells the life insurance, he would get around $42,000 for it. If he waits for the death of her dad, he would get $100,000 for it.
Either she has transferred a policy she owns to her former husband who can do with it whatever he chooses (but presumably he has to continue to pay on it for it to remain in effect) but once it is transferred, it is up to him. I do not believe the courts are going to play a game of; if you do this now we will credit her account $XXX but if you retain it until her father dies we will credit her account with $XXXX. They will have given her whatever credit they will and that's the end of it. I would suspect it was the $42,000 presuming that is a current cash value of the policy.



Also, the judge asked her if she could come back to Miami only for the divorce trial. I don't know if the probation officer can grant her that or no.
yes they can.



so, what has your attorney said to all of your concerns?
 
M

miamiparis

Guest
About my statement, you're right, sorry, I was not born in USA so my English is not perfect, I'm french.
About the life insurance, her brother told me what I told you and it would be strange if he lied to me.
I didn't ask my lawyer in Miami to know if I should contact the probation officer or no.
 

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