rnmom34
member
Reged: 01/20/08
Posts: 174
Loc: oxford, ohio
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It always seems the csea always gives you the run around and makes you chase your tail. Was informed that as long as ncp has job when we go to court, he won't go to jail even if he is still not paying cs. He'll just be ordered to give csea info about his job. I called the Commonwealth County Attorney office and this is what I found out (it may help others): cs behind more than $1000 in KY is a felony. The contempt for non payment is strictly a Family Court thing and usually holds no merit and no consequences ever come from this. To file CRIMINAL FELONY NON-SUPPORT 1)get a print out from csea with the amt of arrears 2) get a complaint and warrant form from csea (that's right they have the forms but never tell you what to do) 2) take it to the Commonwealth General County Attorney's office (usually in the courthouse). As long as the arrears are > $1000 a warrant is issued for felony non-support. Maybe this way some of us cp can make the ncp who think they have no responsibility to be at least a little responsible.
To all those I know who will jump on this and say it is not right to do this to a ncp either 1) has ncp who pays and never questions 2) still has interest in x 3) wants the x to remain out of lives (may be involved if u file for anything)
KY believes (like most people) that a child deserves to be supported by BOTH PARENTS!
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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That warrant is worthless. Unless he is pulled over for a traffic stop or something, it will never do you any good. They won't go and pick him up.
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Char Fox
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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A defense to being behind in child supoprt is an inability to pay. If he was jobless through no fault of his own it is unlikely a prosecution could be effective. Moreover, to entice a prosecutor to file a criminal action would likely take more than $1000 of arrears even if the statute provides that as a threshhold. There are many such cases, and to litigate them all as a criminal rpoceeding would glut the courts. generally only the most egregious cases are prosecuted.
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rnmom34
member
Reged: 01/20/08
Posts: 174
Loc: oxford, ohio
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Actually he will be picked up May 27th when we go to court or if we have to go to PD for child exchange (however I would not take my kids to witness this)
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rnmom34
member
Reged: 01/20/08
Posts: 174
Loc: oxford, ohio
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As in an earlier post, he voluntarily quit his last job (judge was made fully aware in Jan. via a letter from his previous employer). He is quite a bit more than 1000 behind.This was all done with a lawyers advice. KY works a whole lot different than most places and was not aware of this until I just went ahead and got a KY lawyer (not an OH lawyer licensed for KY also)
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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That is if he shows up for court.
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Char Fox
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rnmom34
member
Reged: 01/20/08
Posts: 174
Loc: oxford, ohio
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He'll show up. He does not know this can be done. He thinks all I could do was file contempt in family court (thru csea). He laughs about not paying cs saying the family court judge won't put him in jail because they are full. He was ordered to pay "each and every cs pmt" from Jan court date and review in May. CSEA caseworker said if he goes in there with proof he now has a job (even though he still is not paying cs) he probably will walk. That is why I wanted the criminal charges, some consequences for his irresponsibility.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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::sigh::
Look, I know you think you have it all covered. But really, talk to some people who have BTDT. We already know that in divorce issues a done deal is NEVER a done deal. Many of us have gotten warrants, been told they WERE going to be arrested and nope...nada. He can find a way out of it or the court just doesn't do their job fully. It happens. Just trying to prepare you because you seem all up on cloud 9 that this WILL happen. And if it doesn't, its going to hit you like a ton of bricks if you're not aware of how these things so often go wrong.
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Char Fox
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