What else is she going to do

[chrisstansberry]

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

Well she has pulled it again. I have been privatley served today by my ex.(when I have an attorney) They are trying to now go after me for contempt of court for child support when I am current and up to date and I have proof. I made a payment of 660.00 on March 1st for the months of Jan,Feb, & March which yes I was behind. The funds were sent to here on March 4th to her Debit card per the AG website. Her attorney filed these papers today stateing this " Movant believes based on the repeated past violations of the courts order by respondent, hat respondent will continue to fail to comply with the order. Movement requests that respondent be held in contempt, jailed and fined for each failure to to comply with the court orders from the date of this filing to the date of the hearing on this motion. Specifically respondent has been ordered to pay child support under the order sought to be enforced on each of the following future dates 4/1/09, 5/1/09, 6/1/09. Respondents total arrearages at the time of filing is $655.66, movant requests that respondent be confinded to the county jail untill respondent complies with the court order. Christopher has violated the courts oder of March 11,2008 by failing to provide notice of change of address and a change of employment.

Here is the problem I have. These papaers were filed and sighned by a judge on 3/17/09. How can I be behind in child support when she recieved money on March 4th and I am now current and up to date There is a withholding order that went out on March 2nd to my new job. I am alittle lost and confused here is something else the papers stated " Movant requests that respondent be placed on community supervision on release from jail after serving his 180 days or suspension of commitment"

I now believe she is doing this so I spend 180 days in Jail, have no contact with my daughter and have to start all over. If I am put into jail for 180 days she will get no money at all. I believe this is a smoke and mirrors thing. Can they realy put me in jail for 180 days if I am current on my support? I am now worried I will be going to Jail...Help please

 

[chrisstansberry]

Also is this an Ethics issue? That she had me privatley served and they Know I have an attorney? They have had correspondence with each other for the last year...

 

[Ohiogal]

Did you give this to your attorney? I don't believe you will be spending time in jail. Have your attorney file an answer and request that it be dropped and SHE pay your attorney fees.

 

[Ohiogal]

Also is this an Ethics issue? That she had me privatley served and they Know I have an attorney? They have had correspondence with each other for the last year...

A contempt is a different matter than the case opened. YOU have to be personally served contempt.

 

[CJane]

They've basically filed in anticipation of you falling behind in CS again. YOu didn't pay for THREE MONTHS in a row. That's a pattern of behavior. They're anticipating you continuing in that pattern.

DID you move w/out telling her? Are you supposed to keep her informed of your address/location? DID you provide her info re: your employment? Are you supposed to?

Read what you typed. They're not asking that you be held in contempt for the PAST non-payment, but any non-payment between NOW and when the hearing is.

My recommendation? Make DAMN sure you don't miss the first of the month by even a smidge. Which means even though you've planned to start a withholding on 4/1, you probably ought to make the 4/1 payment out of pocket.

 

[chrisstansberry]

OG the title of paper says Motion for enforcement and order to appear. Yes I gave this to my attorney scanned it and sent it to her right after I got it. If I make a payment before 4/1 and then my employer takes money she will be getting more then ordered how do I handle that. I am to pay 173 in CS & 45 in MS which is 218 my employer will be taking out 116 out of my check on 3/30 when payroll is calcualated for 4/1

 

[CJane]

OG the title of paper says Motion for enforcement and order to appear. Yes I gave this to my attorney scanned it and sent it to her right after I got it. If I make a payment before 4/1 and then my employer takes money she will be getting more then ordered how do I handle that. I am to pay 173 in CS & 45 in MS which is 218 my employer will be taking out 116 out of my check on 3/30 when payroll is calcualated for 4/1

So on 4/1-ish, you will have made 1/2 a payment. Normally, I'd think that would be ok. But it would be BETTER if you were making FULL payments on the 1st. If you make 1/2 a payment out of pocket and your employer withholds 1/2 a payment, then you'll be current on the first. Your mid-month paycheck will make the first 1/2 of MAY'S payment, and the first payment in MAY will make the other 1/2. Otherwise, the way your order is written, you'll ALWAYS be 2 weeks behind.

You didn't answer my other questions.

 

[TinkerBelleLuvr]

Talk to the payroll department about the importance of that first deduction being sent immediately to CSE. I do payroll and if someone came to me with a situation like yours, I would get it out pronto.

 

[chrisstansberry]

I have to let the AG know and they have all this info. Plus any correspondence from the AG goes through my attorney. They send everything to her then she scanns it and sends it to me. So do not know how that can be there is no standing order that says I have to let he know anything but when I moved I did tell her if I did not they would not have been able to serve me

 

[chrisstansberry]

Then what is the point of a withholding order sent to a company that only pays on 1st,15th of every month and that is outlined in the withholding order. Thats when I get paid I do not have any other income besides that. The with holding order was dated 3/2

 

[chrisstansberry]

Update on what i am doing

What I have decided is to go ahead and make Aprils payment in the amount of $218.00 I will put it in the mail first thing in the morning. My employer has the with holding order so any payments made through my employer will put me ahead no matter what. So will this help? If by doing this will this show the judge that I am not only current but way ahead or will this make matters worse? I am realy afraid I am going to be spending 180 days in jail even though alot of people have told me this will not happen. I guess I always think about the worst. They are also asking for my 2008 return info this is the first year my wife and I have filed together of course everything is as one lump sum but I have my w-2s to go with it, (we got back 15,000 this year) they are also wanting fincial statements the problem with that is I do not have an account. The checking account is in my wifes name and has been for years. Do I still hand it over? They are also wanting check stubs for the last 3 months. I just recieved my very fist check on the 15th of this month. I have not had a job since Dec 08. what do I need to provide? My attorney has my most current pay stub.

On another note most of you know my supervised visit last week got cancelled by kidshare because they did not get to talk to her attorney. So I have already missed 2 visits all on them. I got a call last night from Kidshare saying the visit on March 29th had also been cancelled because her attorney did not respond in a timely manner. I have given this info to my attorney and now with this new stunt I realy think they are trying to get my thrown in jail so the visits that start next month at my home do not happen..I am realy trying hard to play and active role in my daughters life and this whole last year I have fought and gotten no where. Do they just wont me to give up and pay support and not see her? Cause it is working

 

[Ohiogal]

What I have decided is to go ahead and make Aprils payment in the amount of $218.00 I will put it in the mail first thing in the morning. My employer has the with holding order so any payments made through my employer will put me ahead no matter what. So will this help? If by doing this will this show the judge that I am not only current but way ahead or will this make matters worse? I am realy afraid I am going to be spending 180 days in jail even though alot of people have told me this will not happen. I guess I always think about the worst. They are also asking for my 2008 return info this is the first year my wife and I have filed together of course everything is as one lump sum but I have my w-2s to go with it, (we got back 15,000 this year) they are also wanting fincial statements the problem with that is I do not have an account. The checking account is in my wifes name and has been for years. Do I still hand it over? They are also wanting check stubs for the last 3 months. I just recieved my very fist check on the 15th of this month. I have not had a job since Dec 08. what do I need to provide? My attorney has my most current pay stub.

On another note most of you know my supervised visit last week got cancelled by kidshare because they did not get to talk to her attorney. So I have already missed 2 visits all on them. I got a call last night from Kidshare saying the visit on March 29th had also been cancelled because her attorney did not respond in a timely manner. I have given this info to my attorney and now with this new stunt I realy think they are trying to get my thrown in jail so the visits that start next month at my home do not happen..I am realy trying hard to play and active role in my daughters life and this whole last year I have fought and gotten no where. Do they just wont me to give up and pay support and not see her? Cause it is working

DO NOT Mail it to your ex. Make sure you pay through Child Support.

Did you read the other threads we gave you? That told you what your dear ex wants.

 

[chrisstansberry]

Oh no I would not mail it to her. I make all payments to the attorney generals office. I printed those threads and gave to my attorney lets see what happens now

 

[chrisstansberry]

will I actually spend time in jail?

 

[Ohiogal]

will I actually spend time in jail?

I answered that in my first post on this thread -- MOST LIKELY NO.