Second contempt in Ohio

[janM]

My son's exgf was ordered to pay CS in early '03. She was garnished a couple times for a month or two and then quit. She spent a month in jail last summer for failure to pay, after which she was garnished for a couple months and quit again. Last payment was last Nov. She is over 11 grand in arrears.

They are due back in court early June (CSEA filed for it) for a second contempt. Does anyone know what kind of jail time she'll get? I think a second contempt is 60 days but my son has heard of some men getting 6 months. I'm not sure if being over 10 grand would mean prison time (federal offense?). Supposedly she has had her license suspended recently.

I guess we'll find out...

[ocean]

Ususally depeneds on the judge. They go after the license, tax returns, and bank accounts first....ususally if she comes up with a payment plan or a few bucks they let them off. I guess jail time did not get her to straighten up so the judge may try a harsher sentence....
Good luck!

[MixedBag]

Jan, isn't any of this written out in the Ohio Revised Statutes???

I know in WV Codes, it gives what the fines should be.

[janM]

I don't think she worked enough to have any taxable income, let alone a refund. She has no property, maybe a car but that's probably in her dh's name. They share their friend's house, they lost her dh's trailer in their bankruptcy.

About the only thing they own of value is a huge snake that they are breeding. Hmmm... I should mention that to the atty...tho she'll say it's his.

She has never set up any plan. Not even tried paying a little at a time. She apparently doesn't like getting garnished cause she quits after a short time, claiming illness or whatever. They didn't buy it last time.

Don't get me wrong, I sympathize with ncp's who are paying out the wazoo or get behind due to a job change or other circumstance. But those who don't even make the effort...

I guess we'll see what happens.

[janM]

My son's summons contained some info on the front page but I don't have it here. I think it's a minimum of 60 days.

[Giggles]

You constantly hear about how women who dodge CS get off so this is SOO encouraging!!  I truly wish we had Judges here in MD like those in Ohio!!!

My X is over $18k in arrears and is on his 3rd contempt for non payment, I still doubt he'll see any jail time..sigh.

Did your son go to the contempt hearing?  According to the paperwork I got, it states that I do not have to attend...but I'm gonna be there.  I want the judge to know that I am serious about my child's support!!  Thankfully, I have learned to live with out it (good thing too) so if I were to get it (like that's gonna happen), it would probably be use for "fun" things like going to the amusment park...pizza out ...etc!

[janM]

You really think our magistrate is tough??

There was a period of a year and a half that they (CSEA) did nothing. Even the magistrate commented at the last hearing that she had been given multiple chances.

Yes, my son goes to the hearings. I don't think he's been required to go to all of them, but this upcoming one he was summoned to.

Last time I talked to the case worker, as they were preparing this motion, I expressed that I thought it was kind of biased. She told me about a case where the ncp dad was in arrears about the same as bm, and he was found in contempt and told to report back in a month for jail. Do you think he showed up? LOL. But they also couldn't locate him most of the time. BM has lived at her current address for about 5 years.
She stalls by saying she is getting doctor notes for the illness of the month, when they do get on her case.

It's a good thing my son doesn't depend on the support. Does he need it? Definitely. He has a mortgage and utilities and all that grown-up stuff, while bm and her dh (who makes good money and pays for his son) live probably rent free with a friend.

I'll let you know how it goes on the 7th.

[mistoffolees]

>You constantly hear about how women who dodge CS get off so
>this is SOO encouraging!!  I truly wish we had Judges here in
>MD like those in Ohio!!!
>
>My X is over $18k in arrears and is on his 3rd contempt for
>non payment, I still doubt he'll see any jail time..sigh.
>

Please - I wish people would stop making this a gender issue. In your case, the man is getting off. In the other case, the woman is serving for contempt. Sure doesn't support the view that 'women get off and men go to jail'.

While discrimination does occur, I really believe that seeing it behind every rock does NOTHING to help eliminate it. Let's limit accusations of gender discrimination to situations where it really occurs.

[John-J-Jay]

Mist
you apparently don't have a clue. other than your OPINION. which is not based on the facts or court reality.

my ex hasn't paid child support in over 4 years and makes $87,000 a year, yes she's the "FEMALE".  I've paid over $8000 to have my case heard in court to order her to pay child support and I haven't even had a hearing yet and it's been 8 months. The judge keeps allowing her atty continuances for hearings. If it was a Father that was delq. on chid support in approximate amount of $43,200 the dad would be sentenced to jail but a 'Mother" is ok with not paying.

based your comments on facts not your opinion.

[cinb85]

but I don't believe that they are necessarily gender biased either.  

I think that the courts do whatever is easier for them.  It's the person that doesn't pay, doesn't want to pay, and hides that they don't bother with. In your case, it happens to be the woman.

My ex (the man) owes over $34,000 in back child support and they do nothing to collect anything from him.  They don't sentence him to jail the few times that they do arrest him.  They bring him before the judge and he promises to pay only 1 week's child support (even though he owes over $34,000) and they let him go the very same day (just because he made a promise).  then......when he is let go, he NEVER pays the week's worth of cs that he promised that he would pay.

I am so sorry that you are going through this and I can sympathize.

Good luck to you!