Go Back   LegalMatch Free Legal Advice Forums > Family Law Forum > Child Custody and Support
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 09-06-2007, 03:38 PM   #1 (permalink)
Junior Member
 
Join Date: Sep 2007
Location: Indiana
Posts: 2
Advice, please?

In four months, I go to court to address a contempt of court charge of non payment. I am unemployed, seeking work. Having trouble finding a job. I have been doing under the table odd jobs such as housecleaning and the like. I have sent in some payment. However, obviously not enough.

What is the best course of action to take before the hearing? If I send in payments on a more frequent basis between now and then, in higher amounts, is there a chance I won't be sent to jail? Would finding a lawyer help? There is low income legal help available in the city I reside in; Fort Wayne, Indiana.

Any and all advice is appreciated. Thank you.
ruthatplay is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 09-06-2007, 03:46 PM   #2 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 3,901
Quote:
Originally Posted by ruthatplay View Post
In four months, I go to court to address a contempt of court charge of non payment. I am unemployed, seeking work. Having trouble finding a job. I have been doing under the table odd jobs such as housecleaning and the like. I have sent in some payment. However, obviously not enough.

What is the best course of action to take before the hearing? If I send in payments on a more frequent basis between now and then, in higher amounts, is there a chance I won't be sent to jail? Would finding a lawyer help? There is low income legal help available in the city I reside in; Fort Wayne, Indiana.

Any and all advice is appreciated. Thank you.
Even if you started immediately paying your child support in full, it doesn't negate the fact that previously, you didn't. Its sort of like the bank robber who says, "Oh ok, I'll return the money!" and returns it. He still violated the law.

However, the fact that you are paying some demonstrates something very important--your attitude.

Of course, if there is low cost legal assistance, I would not go to court without it. Regardless of your ability to find a job or not, your children still are hungry, and need clothing, shelter, etc. That doesn't stop just because you cannot find a job. That, obviously, is the focus of the court.

Good luck.
__________________
[COLOR=magenta][COLOR=blue]G[/COLOR][COLOR=darkorchid]r[/COLOR][COLOR=darkslategray]a[/COLOR][COLOR=orange]c[/COLOR][COLOR=seagreen]e[/COLOR][/COLOR]

[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
GentleGrace is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 09-06-2007, 04:29 PM   #3 (permalink)
Junior Member
 
Join Date: Sep 2007
Location: Indiana
Posts: 2
Quote:
Originally Posted by GentleGrace View Post
Even if you started immediately paying your child support in full, it doesn't negate the fact that previously, you didn't. Its sort of like the bank robber who says, "Oh ok, I'll return the money!" and returns it. He still violated the law.

However, the fact that you are paying some demonstrates something very important--your attitude.

Of course, if there is low cost legal assistance, I would not go to court without it. Regardless of your ability to find a job or not, your children still are hungry, and need clothing, shelter, etc. That doesn't stop just because you cannot find a job. That, obviously, is the focus of the court.

Good luck.
Thank you.

You said:
Quote:
Originally Posted by GentleGrace View Post
Regardless of your ability to find a job or not, your children still are hungry, and need clothing, shelter, etc.
With all due respect, no they are not. They are provided for by their father and his wife. However, I know I have responsibility, as well.

If anyone can answer the question regarding a chance of not going to jail, it would be appreciated.
ruthatplay is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 09-06-2007, 06:27 PM   #4 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 3,901
I said, "Regardless of your ability to find a job or not, your children still are hungry, and need clothing, shelter, etc."


This is an accurate statement. Your children are still hungry (when they wake up in the morning, when they are ready for lunch, and when it is time for dinner), and they still need clothing, shelter, etc. THESE ARE BASIC HUMAN NEEDS--your children have them. MY children have them. Every child has them.

I did *NOT* say your children are GOING WITHOUT FOOD, SHELTER, CLOTHING. I did *NOT* say your children are NOT BEING FED. I did *NOT* say your children are being neglected as a result of your not paying child support.

I said your children, like my children, and everyone else's children have NEEDS among which are HUNGER, SHELTER, etc. These needs are not dependant upon my or your ability to secure a job. The needs are ever present, ongoing.

There is a big difference between stating basic human (in this case, child) needs, and stating your children are being DENIED care for their basic needs. Understand?

Now... about the jail. No one has a crystal ball that they can look into and say you are going or not going to jail. The judge will look at a lot of determining factors--not the least of which is your most recent payments, your ability to pay, your attitude, your current living circumstances, etc. Each judge is different---that is precisely why I told you to go to low cost legal aid. At least there is a chance the people there will know the judges in your jurisidiction and they can, perhaps, predict what your sentence will be and help you prepare accordingly.
__________________
[COLOR=magenta][COLOR=blue]G[/COLOR][COLOR=darkorchid]r[/COLOR][COLOR=darkslategray]a[/COLOR][COLOR=orange]c[/COLOR][COLOR=seagreen]e[/COLOR][/COLOR]

[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
GentleGrace is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 09-06-2007, 08:21 PM   #5 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 463
Quote:
Originally Posted by ruthatplay View Post
In four months, I go to court to address a contempt of court charge of non payment. I am unemployed, seeking work. Having trouble finding a job. I have been doing under the table odd jobs such as housecleaning and the like. I have sent in some payment. However, obviously not enough.

What is the best course of action to take before the hearing? If I send in payments on a more frequent basis between now and then, in higher amounts, is there a chance I won't be sent to jail? Would finding a lawyer help? There is low income legal help available in the city I reside in; Fort Wayne, Indiana.

Any and all advice is appreciated. Thank you.
Absolutely yes, a lawyer can help. Run..don't walk...to that legal aid agency you posted above. You should be able to find someone there licensed in Indiana law to both answer your questions and recommend future actions. Of course, I'd suggest increasing support as much as you can afford to, but in response to the jail time question, only the courts can determine that one for you. The legal aid agency can at least give you an indication, based on precedents, but again, the final determination will be made by the courts. Good luck to you.
TheJury'sStillOut is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 03:53 AM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.