Contempt of court again?

[Liz]

State is Texas.

I am the NCP.

Motion for Contempt found guilty on June 12, 2006, 4 violations, on my ex. He was placed in handcuffs in the courtroom and forced to reach an agreement with me in order to secure his release.

Motion to Enter August 7, 2006

Agreement: $100/month on first of each month beginning July 1, 2006 & paid on first of every month until paid in full. $500 atty fees (paid monthly after mine) and $500 contempt fine $250 due 10/1/06 and $250 due 12/1/06.

He was sent a letter which he recieved on July 17, 2006 stating that payment was due ON the first of each month.

Attorney did not inform the judge on 8/7/06 (yesterday) that he was behind on the august payment already, despite my requests for her to do so, and her informing me that she would do so.

The motion entered yesterday states the following:


Provided however that the incarceration for each such contempt (4 contempts), is suspended and he is placed on community supervision for a period not to exceed 5 years as long as he meets the following requirements"
 
Requirements being that I am paid on the first of the month without fail.


"A violation can result in arrest by warrant and revocation of community supervision"


My questions are:


Do I have to wait a certain number of days that he's past due before I can file a contempt charge or do anything to him? How many days?


Since he's already in contempt and has now violated the contempt by refusing to continue payments, what recourse do I have?

If the judge knew he was already in contempt at the time the motion was entered, would she have done anything, do you think?

What normally would happen if someone blatantly ignores the court's ruling and refuses to pay on a contempt charge?

[socrateaser]

>My questions are:
>
>
>Do I have to wait a certain number of days that he's past due
>before I can file a contempt charge or do anything to him? How
>many days?

You don't file a contempt charge. You file a motion for an order lifting suspension and imposition of sentence on prior contempt.

And, you can do it as soon as you can show that the terms of the suspension, i.e., not paying timely, have been violated.

>Since he's already in contempt and has now violated the
>contempt by refusing to continue payments, what recourse do I
>have?

See above.

>
>If the judge knew he was already in contempt at the time the
>motion was entered, would she have done anything, do you
>think?

I don't know.

>
>What normally would happen if someone blatantly ignores the
>court's ruling and refuses to pay on a contempt charge?

If it's for child support -- do not pass go, go directly to jail.

Recognize, however, that when things get to the point where a parent refuses to submit to the court under any circumstances, that even though you may find sending him/her to jail an appealing thought, it probably won't change anything. Once a parent experiences jail, he/she  hardens up, and after that, they basically view it as being notice that the remainder of their lives will be spent demonstrating to the other parent that they could give a shit about anything anymore.

This may result in the parent becoming unemployable at anything other than under the table cash jobs, thus, that parent's earning capacity and future is pretty much ruined permanently.

So, while I sympathize with your desire to get justice, once you receive it, it will be the only justice that you will receive going forward.

The only time that any of the above doesn't occur, is when the parent actually has a life that they would prefer not to put at risk by being incarcerated. In such instances, the parent pays on time, and in fact rarely gets to the point where jail is a real likelihood, because it's simply not worth the risk. In such cases, the threat of jail is a real deterrant. But in other cases, where the parent has nothing to lose (or at least believes he/she has nothing to lose) by sitting in a cell, sending the parent to jail will only serve your sense of revenge.

It won't get your child any further support (if that's what you're after).

Food 4 thought.

[Liz]

I think you missed the part, about my being the NCP! Its the custodial parent who is in contempt.

Child support is always paid on time to him, and I suppose its the principle of the matter. He expects me to jump thru hoops, but he can't pay me what is a little amount compared to what I pay him.

Thank you very much!

[socrateaser]

>I think you missed the part, about my being the NCP! Its the
>custodial parent who is in contempt.
>
>Child support is always paid on time to him, and I suppose its
>the principle of the matter. He expects me to jump thru hoops,
>but he can't pay me what is a little amount compared to what I
>pay him.

I didn't miss it, but it was confusing. However, if the CP is in contempt for non payment, and that nonpayment is for something other than support, then jail is not an option, because it is prohibited by the 13th Amendment of the Constitution as involuntary servitude.

So, I don't know what this contempt is, or why the judge imposed a suspended sentence, but whatever that sentence is, if it includes imprisonment, and the issue is not child support, then the judge has lost his marbles, because he doesn't have authority to sentence the contemnor to jail time, community service, or any other restraint of liberty.

[Liz]

Well its medical support. I paid the medical, he was to reimburse. So I guess in away it is support?

[socrateaser]

>Well its medical support. I paid the medical, he was to
>reimburse. So I guess in away it is support?

Healthcare reimbursement is considered part of the child support obligation, so yes, he can go to jail for non-payment.