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#1 of 25 Old 03-05-2008, 10:38 PM - Thread Starter
 
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So after all my hassling, I finally got a summons to go back to court. My Ex is being held in Contempt of Court for nonpayment of child support.

Has anyone gone through this? What can I expect?

Also, my ex asked me not to tell anyone he is enrolled at the community college because his work permit expired and he doesn't have a student visa, but some how the community college admissions overlooked this when he registered for classes this term.

I know ex's argument will be that he "has no money" -- that's his argument everytime. meanwhile, he's driving a mercedes-benz and buys fancy photography equipment every time I turn around (let's not forget tax evasion, as well). Also, since his work permit expired, he has no legal grounds to be here in the US, and "technically" he can't work, but obviously he is paying rent at a nice apartment, driving a nice car, and taking care of himself quite nicely.

I guess after the half a dozen times I've been in and out of the court system, I just have no faith left that anything is going to be done. *sigh*

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#2 of 25 Old 03-06-2008, 08:17 AM
 
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Ugh, a call to INS sounds in order. OKay, so maybe a bit vindictive but seriously!
Oh, and they will put him in jail that day from the court room most likely, and tell him that b/c he's not official, he better mind his Ps and Qs because he could be deported, and he'll have to pay a cash purge (Typically like a months CS) to get out of jail. Can be done the same day he goes in within hours if someone will bring him the money. At least, this is what happened a month ago to afriend in court here over CS. I'll have mroe experience come this summer when we file for contempt against my ex
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#3 of 25 Old 03-06-2008, 12:38 PM
 
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First of all, you know how I feel about him and how I feel about you . So, here's a huge hug and kiss .

Okay, has your attorney ever looked into the fact that ex is driving a car and living in a nice place and buying expensive photography equipment??? Has she ever mentioned any of this in court? I know you can't bring up stuff you have no proof of, but I know at one point you were trying to get proof of his ownership of the car.....

Also, I really think it's time to get INS involved. Of course something like that is totally up to you. And I know that if you personally didn't want to make the call, there are several people that would be willing to do so on your behalf. You could also get the IRS involved. Shoot them at tip and they'd be all over him....

I love you.
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#4 of 25 Old 03-06-2008, 12:59 PM - Thread Starter
 
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Thanks for the replies!

The money issue came up with my attorney, and her only response was that someone "could be helping him." The car is not in his name, but his father's name (an 80-something year old man living in El Salvador). I most likely will not have my attorney there with me at our court date because I've already wracked up over $2,000 in fees, and I am terrified of that number getting higher because I simply cannot afford it.

As far as INS... He had a court date out of state a couple of months ago (he hired a fancy lawyer), and he came back saying that he was "going to be deported." The thing is, he has said this 4 times now over the course of a year and a half, and I just shrug when I hear it now. I've seen all his paperwork, and it does look like all of his amnesty & TPS stuff ran out, but he continues to stay, so really it just looks like a bunch of meaningless paperwork to me.

Part of me wants to call and tip off the college, but I don't need bad karma, and I don't think my place is to actively seek his demise - he will get what he deserves when the universe sees fit. (of course, if someone else wants to tip off INS, IRS, TCC.... )

I'm wondering if the judge will put him into jail... the last time we went to court, the judge was actually more than fair to him. He gave ex 3 months reduced child support (a little less than half) in order to give ex time to get a job; then at the end of the three months, the c/s amount jumped up to what it was when ex was working full time, plus a little extra to make up for arrears.

And ex is obvioulsy bringing in some kind of income with his photography/videography. I had to buy my son all new clothes (the little guy keeps growing!), and I tried very hard to be as frugal as I possibly could while still getting him things to last through the summer, and I took the reciept for the clothing and shoes to ex practically begging for half, and he tossed $100 cash at me. (But, of course, that $100 doesn't count for his documented c/s because it didn't go through the dispursement agency).

I'm just so tired of dealing with all this. I just wish my son's father had a bit more character and sense of responsibility. *sigh*

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#5 of 25 Old 03-06-2008, 04:27 PM
 
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I'm not sure I understand why you would want to call UCICS (formerly INS). If they deport him, then odds are you'll never see a dime of CS, plus your son would have no more access to his father, so I doubt that would help. Plus, it's pretty irrelevant to your complaint against him. I'd say just pursue CS and stay out of any immigration issues that don't directly concern your son.

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#6 of 25 Old 03-06-2008, 04:36 PM
 
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The judge probably won't put him in jail. It's my experience that if a judge is going to put the guy in jail, he gives him another court date a month from then to start paying. Then, if you go back to court in a month and he's still slacking, he gets jailed.

I'm thinking that if the guy gets deported, you're really going to have a hard time getting child support. I don't know the backstory or details here, but that's what seems logical to me. If he won't pay and he's in the same country, what's he going to do when he's gone?

Good luck! I think the courts are entirely too lenient about child support payments. What's the point in ordering it if you're not going to enforce it?! Drives me batty and it drove me batty before I was on the recieving end of the payments, too.

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#7 of 25 Old 03-06-2008, 05:01 PM - Thread Starter
 
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Yeah, I am not actively trying (or wishing) to get him deported. He's just committing all sorts of fraud here, which I think is a shame. I'm not even actively trying to get him put in jail, either. The court system puts a child support order in place for a reason, and they enforce it (or do not enforce it, as it goes sometimes).

And sadly, whenever I share my story here, my threads end up turning into an "illegal immigration" topic, which to me is irrelevant. The guy is here (regardless of "paperwork" and "legalities"), he works for cash, he takes very good care of himself, doesn't pay taxes, doesn't pay child support, and doesn't spend any more than an hour and a half a week with his son.

And we're about to go to court about the child support issue. Any of his other issues (tax fraud, deportation) really aren't any of my business, I guess - I was just venting.

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#8 of 25 Old 03-06-2008, 05:22 PM
 
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I thought you were just trying to illustrate that he has no regard for the law. I hope you get your support, and legal fees back.

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#9 of 25 Old 03-06-2008, 05:43 PM
 
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pretend this tree is you, ok, ed? :
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#10 of 25 Old 03-06-2008, 05:46 PM
 
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Originally Posted by kokonutmama View Post
I thought you were just trying to illustrate that he has no regard for the law. I hope you get your support, and legal fees back.
That is what I was getting from it too. i'm sorry you are dealing with this mama.

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#11 of 25 Old 03-06-2008, 05:53 PM
 
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I thought you were just trying to illustrate that he has no regard for the law. I hope you get your support, and legal fees back.
Exactly. In fact, ED specifically stated above that she didn't want to actively seek his demise.

I'm also confused about something else. I wonder if Violet could explain to me how immigration issues for ED's ex DON'T.....oh how did she put it....oh yeah....directly concern ED's son. Seeing as how this is the child's father we're talking about. Seems to me the effect on ED's child would be VERY direct whether the ex is allowed to stay in the US or not.

Anyhow, I'm hoping and praying that the court date goes well for you and that it all works out for the good of you and your little man.
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#12 of 25 Old 03-06-2008, 06:39 PM
 
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I don't know about your past threads here (I don't have the memory for that sort of thing), but I certainly was not trying to jump on you. I totally understand the venting thing. I was just telling you my thoughts on the issue you brought up. I assumed you were just getting it out, not trying to totally bash the guy.


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#13 of 25 Old 03-06-2008, 07:31 PM
 
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Exactly. In fact, ED specifically stated above that she didn't want to actively seek his demise.

I'm also confused about something else. I wonder if Violet could explain to me how immigration issues for ED's ex DON'T.....oh how did she put it....oh yeah....directly concern ED's son. Seeing as how this is the child's father we're talking about. Seems to me the effect on ED's child would be VERY direct whether the ex is allowed to stay in the US or not.
I was simply stating that she should be focused on the part of the saga relating to the child's needs: primarily, in this case, child support. Getting the child's father shipped out of the country may in fact affect the child, but not necessarily in a good way. If he leaves he is less likely to see the child, and less likely to pay support. And, as you point out, the OP doesn't want him shipped out anyway. She was just venting a bit. I was concerned as others were suggesting to call immigration, and truly you never know what they will do. I'd hate to see her call them and then find out too late that their response is deportation. That's all I meant.

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#14 of 25 Old 03-06-2008, 07:38 PM
 
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She was just venting a bit.
Exactly my point.

As for deportation, every situation is different, and it's not ALWAYS a bad thing.
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#15 of 25 Old 03-07-2008, 04:29 AM
 
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I just did this. The inital hearing they put him in jail on a $1000 cash bond...which he paid and got out...that money went to me. Then on his next hearing the judge ordered that he was in contempt. He had no job so the judge ordered 6 months in jail. When he gets out he will have 90 days to start paying me and then if he dont he gets 6 more months....and so on I guess until he figures out he needs to pay it.
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#16 of 25 Old 03-07-2008, 12:20 PM - Thread Starter
 
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Whoa. Was he in serious arrears? I think my ex is about $5,000 or so in arrears, maybe more. I think that he thinks he can go into the court room and say, "I don't have a job and I don't have money" and they won't make him pay child support. That just the kind of guy he is.

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#17 of 25 Old 03-08-2008, 01:53 AM
 
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hes over 20,000. He has only paid one month in a year and a half. But, the judge wont be to happy to hear that he has no job tho....thats what hurt mine. He worked for cash but said that he had no job....for over a year. The judge can see thru that. They see it everyday.
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#18 of 25 Old 03-18-2008, 03:25 PM - Thread Starter
 
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Just got back from court.

Judge ruled in his favor, contempt was denied, and he owes nothing for the time being.


:

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#19 of 25 Old 03-18-2008, 08:49 PM
 
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How the hell did that happen? HOw could he not be held in cintempt if he is ordered to pay and not paying? :

I'm sorry mama!!

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#20 of 25 Old 03-18-2008, 09:21 PM - Thread Starter
 
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Well, the judge was very sympathetic to ex not having a work permit, and despite my official documentation showing he was illegally enrolled in college and driving a mercedes, my ex said that he was living off $400/month that his brother sends him, and the judge bought it hook, line, and sinker.

Meanwhile, I found ex's website and all the work he's generating from it, but even though the DOR councel quized ex thoroughly, the judge still didn't think it was worth holding him in contempt, saying, "I do not think Mr. R is purposefully with-holding child support. Motion for contempt denied" and down came the little hammer thingy, and our time in the courtroom was over. Right outside the courtroom, ex became enraged with me for showing proof he was in college. He said, "Why would you do that to me? I could get kicked out of my classes!" He was so angry he was almost crying. I just said, "The judge just ruled in your favor. You've won again. What are you complaining about?" And he stomped off. The courtroom police officer told me to wait until he was gone before I should try leaving the building.

So now I have to deal with an angry ex, and I'm STILL not getting any child support.

The injustice saddens and disgusts me.

I thought judges saw right through ncp working for cash and not paying support because income is not reported, but I guess not.

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#21 of 25 Old 03-18-2008, 10:03 PM
 
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Ugh. I am so sorry mama. What a bunch of BS.

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#22 of 25 Old 03-18-2008, 10:39 PM
 
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What judge do you have? I'm so sorry. Thats ridiculous. Poor him...might get kicked out of classes. Umh, yeah, okay. Poor his kid, having to do without so Daddy can have more, more, more. Okay, so really, its not him doing without, its you but still. Ugh, that enrages me! Theres a special place in hell...
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#23 of 25 Old 03-19-2008, 01:17 AM
 
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sorry, that sucks I hope he's accumulating arrears that will come due later.
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#24 of 25 Old 03-19-2008, 01:54 PM
 
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I've been through it but your situation seems way different because of the not really a resident thing. Make sure he writes the big ticket things he owns where he has to write his assets.
IDK what his penalty would be though. Good luck!!

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#25 of 25 Old 03-20-2008, 01:48 AM - Thread Starter
 
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Through some extensive internet searches, I have come across several of ex's income-generating websites, and even a price rage that suggests if he works just two days in a month, he's already making more than I do.

The injustice is infuriating.

$400/month from his brother my arse. How could the judge not see right through that?!

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