PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
|
|
Alimony in my case was the result of a trial and a court order.
He disobeyed the court order. The court found him in contempt. He was ordered to make a down payment on his arrearages for alimony and my attorney's legal fees or present himself to the sheriff for incarcation.
Now, we all know that judges sometimes overreach themselves but I think their intrepretation of the law is relatively simple.
Judge makes an order. Party doesn't follow order. Party goes to jail until he purges himself of his contempt of the order.
***edited to add***
I believe it is uncommon for a judge to send someone to jail for unpaid alimony and attorney fees...
In my case, the judge chose to make the charge contempt of the spousal order and attorney fees orders.
My ex was blatantly disrespectful to the judge and he was going to go to jail no matter what..
--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato
Edited by PhoenixRising (03/15/09 10:11 AM)
|
jaiye
old hand
Reged: 10/27/05
Posts: 860
|
|
Too funny. Kinda hard to comeup with money for arrears if you are in jail and can't work. A little more back ground.
Bioch refused to works during the entire marraige. Went so far on the stand to state she had no intention of working. with the support order and inputing minimum wage to her it would give her $2000 per month. Aftering paying the marital bills SO was left with $300 per month for EVERYTHING else such as car maintenance, gas, food his medical.
It has been almost 4 years and she still doesn't work the tax payers and SO support her 100% since she is in hud housing and collects food stamps and anything else she gets.
She definitely knows how to work the system. The only way for him to get the albatross off his neck would be to leave it behind. His dream is to win the lottery and just disappear.
|
jaiye
old hand
Reged: 10/27/05
Posts: 860
|
|
There is no Child support order here. It is only SS. CSR handles all family court matters. It is my understanding that it is supposed to be required that everything go through CSE.
My SS goes through CSE although I have not had my x's garnished.
Before anyone howls about double standard my X pays half of what SO pays and I am disabled where as SO's X is not disabled and SO and my X make around the same amount and my X and I had NO CC debt that he has had to pay and the one debt we had was my truck and I kept it and paid it off.
His X told everyone they knew that she intended to see him into bankruptcy and she has come close to realizing that goal.
|
stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
|
|
My lawyer said for my defense "I can cry that poor me, I'm having a hard time paying the house hold expenses and cant pay to have her car fixed and that's all I have to say to make the judge feel sorry for me"!
--------------------
"The King of fraud and corruption"
|
Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
|
|
[quote]In most states, CSE can garnish alimony **IF** there is also a standing order to garnish child support... [/quote]
I asked because I never went through CSE. I suppose they would too, if there was a CS order. What I meant is can they be used is there is no CS order, just alimony.
|
PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
|
|
Bankruptcy will not excuse his spousal support arrearages nor any outstanding attorney fees...
--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato
|
Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
|
|
[quote]Bankruptcy will not excuse his spousal support arrearages nor any outstanding attorney fees... [/quote]
Most laws are made by lawyers. Like they would pass a law that would screw them sometime down the road.
|
Previous
Index
Next
Threaded
[Re: 
Edit
Reply
Quote
