Indictment Pending

[DDemonic1]

I am currently getting ready to head for court on the 2nd of March for a possible indictment on " Flagarant non-payment of Child support " In Kentucky. There are a number of problems with my case, one the order originates in Utah and the arrears they ordered were based on what Utha thought they had paid even though they hadnt, 2 this was originally and AFDC case and arrears were ordered without knowing if the Mom was still receiving or not. 3 I just recently had an order entered setting a payment plan for arrears at $10 a month to pay off $27,000 of arrears Based on Kentuckys numbers. But anyway. Heres the short version.
Order was entered in Feb of 2001 Utah garnished my wages. Then stopped when they discovered I was living in Nevada. Moved to Missouri Mom asked me to reduce to 200 a month from 444 a month and based on the fact Kentucky did not have any arrears being shown as owed to them we could by law adjust without having to go to court, she thought.
Missouri later picked up the case at the request of Kentucky, so back to 444. During custody hearings she swore out warrant stating I hadnt paid yet in court on custody stated I had been current for nearly 2 years on a 3 year old case. Kentucky is now seeking an indictment against me for Non-payment.

How can they do this when I have been paying and have proof?
What does it mean to be indicted?
What would be the next step after the Indictment?
Currently I am without counsel because of the cost of the custody proceedings and the amount of travel I have had to do, Know of any low cost attorneys in Kentucky near McKey?
If I request the original order in Utah be vacated and it is what happens with the Kentucky case? It has been Registered in Kentucky.

Any advice or help would be greatly appreciated.

[socrateaser]

>How can they do this when I have been paying and have proof?

The charge of criminal failure to pay child support has three elements: (1) a valid, enforceable support order exists; (2) the defendant knows of the order; (3) the defendant has failed to pay.

That's all the district attorney needs to prosecute you -- nothing more. The bigger your arrears become, the more likely a DA somewhere will begin to take interest in the case.

>What does it mean to be indicted?

The county Grand Jury has examined the evidence and found that probable cause exists to charge you with a crime.

>What would be the next step after the Indictment?

A warrant will issue for your arrest. If it is a felony warrant, and it appears that this one is just that, and you are in a different State, then the warrant will be transmitted to the law enforcement authorities in that State, and will be arrested, and an extradition hearing will be set to determine if grounds exist necessary to permit you to be returned to the indicting State.

>Currently I am without counsel because of the cost of the
>custody proceedings and the amount of travel I have had to do,
>Know of any low cost attorneys in Kentucky near McKey?
>If I request the original order in Utah be vacated and it is
>what happens with the Kentucky case? It has been Registered in
>Kentucky.
>
>Any advice or help would be greatly appreciated.

OK, first this is a criminal matter, so after you read my response, delete your post because you are impliedly waiving your 5th Amendment privilege to remain silent by posting your case in a public forum.

Second, ask for a court appointed attorney -- as your liberty interests are at stake (i.e., you can be jailed) for this particular offense, you are entitled to an attorney if you cannot afford one.

On the charge itself, you cannot modify an order for suppport with the other parent, therefore the fact that you may have agreed to lower it between yourselves is not, by itself a defense to the failure to pay charge.

What IS a defense is if you can prove that you didn't have the ability to pay, at the time that the bill became due. That is your only defense, so if you can't prove that, then get ready to plea bargain and pay through the nose, in order to keep yourself out of jail.