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child support contempt

Started by ohiodad42, Sep 11, 2007, 03:21:13 PM

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ohiodad42

Wife accused me of domestic violence. I was evicted from my home January 1, 2007. Domestic violence charges dismissed against wife's will July 24. Wife refused me access to any documents which could prove my income and claimed to the courts I make $360,000 per year. Courts ordered me to pay $11,300 in monthly support. I only made $68,000 last year. Received copies of tax returns to show income. Wife filed contempt charges against me. My attorney filed for a DE NOVO hearing to ammend temporary orders. The contempt hearing came first where my attorney showed the courts my tax returns and bank statements. The magistrate said "I see you don't have the income to comply with all you were ordered to pay but I'm holding you in contempt anyway because you paid the wrong bills". What? The wrong bills? I operated a small business from my home which is still at the home I used to live in. My wife has refused to allow me access to the items needed to operate my business. My income is down 75% over last year. I'm freaking out because the magistrate ordered me to spend 7 days in jail or pay roughly $50,000 to wife. I have no money. All our savings was in my wife's name and she's claiming we have no savings.

Any advise???

mistoffolees

What does your attorney say? That's what really matters here.

While it's not going to help you now, you should have been able to get a copy of your tax returns for past years directly from the IRS even if your ex wouldn't let you into the house to get them. Furthermore, your temporary order should have included wording allowing you to go into the house to get your business materials. You need to get your attorney working on this.

As for the money issue, have the attorney send a subpoena to the bank where you had your savings. You're going to need to prove what assets you had both to collect your share, but also to prove that she's lying.