How to act in court...

[gr8Dad]

Okay, quick rundown, have a hearing August 2 to revoke probation on ex for failure to pay support.

Time line:

April '04: Ex put on 10 years probation for failure to pay.  Set three month compliance hearing.

June '04: Did not comply (surprise suprise), set date for enforcement motion in Dec.

Dec '04: Ex did not show for court, judge said she WOULD issue a capias warrant, but they court clerk LOST the paperwork stating that ex had to show, so she didn't feel "comfortable" issuing a warrant.  Due to lost paperwork, judge told Asst. OAG that we would have to start over.

May '05: Went to court with NEW enforcement order.  OAG explained that ex was ALREADY on probation, so they were seeking jail time.  Judge AGAIN said that she COULD jail her, but wasn't "comfortable" with jailing her, and that we needed to file a motion to revoke probation.  I suggested to the OAG that we submit it with a LAZY BOY recliner...ANYTHING to make the judge more "comfortable", but I digress.

Hearing is Aug 02.  I will be given the opportunity to cross examine ex.  I am thinking of one of two options:

A. Point out ALL of the previous orders that she has ignored from this judge (failure to pay, failure to submit tax returns, failure to inform when job changed, etc).  But I am concerned that I will come across as vindictive(I AM, and I want the b!@#h to go to jail, but that is another story), and the, judge will balk again.

B. Say NOTHING, hoping that the judge will see it on her own.

What is your opinion?

Thanx is advance!

[socrateaser]

>What is your opinion?

Your motion is to revoke probation. There's not much to ask the defendant, other than, "you were ordered to do X, why haven't you done it?"

Bottom line is that the judge knows that jailing the contemnor will probably not get you any support and it will cost the county money. However, if you have proven your case beyond reasonable doubt, then you "can" be vindictive, because the raison d'être of criminal justice is that the State imposes a punishment intended to "vindicate" the People's right to have their laws obeyed.

My approach would be to express dismay to the court as to the other parent's failure to support her child, and ask, that in view of her willful failure, and that she is unlikely to ever pay support, that you would appreciate it if the court would impose a vindictive punishment, if only to demonstrate the seriousness of the nature of contemnor's acts.

Imposing jail time for failing to pay support is mostly a waste of time. It means that the convict is even less employable than before the sentence, which serves neither of you. Seizing some of her assets would better serve you, but if she has none, then that's a waste of time, too.