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Is it a criminal offense if a party fails to pay child support arrears which is now a judgment for $65,000?

The ex received $98,000 in settlement monies and did not pay any of his child support arrears (owes $65,000).  I had a lien on any settlements he received and the court found him contempt of receiving the large sum, not paying and towards his child support and spending it all.  The first judge ordered it as criminal and proceeded to move forward with a criminal contempt trial.  I got a new judge (bench change) and the judge converted it from criminal to an order to show cause as to why he should not be held in indirect criminal contempt.  The Judge has ordered him to bring the title in for the car and a list of everything he spent the money on.  I am still getting no where as this has been ordered twice and he hasn't complied with what the judge asked?  Because this is a judgment, can the court order on his non compliance of following the lien and spending all of the proceeds?

7 Answers

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  • 1 month ago

    A simple blood test

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  • Foofa
    Lv 7
    1 month ago

    Eventually as this plays out he could see prison time for his recalcitrance. But courts move very slowly so I'm sure you're getting tired of all of this.

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  • Anonymous
    1 month ago

    The crime would be contempt.  But, yes.  Unfortunately, you can't get money from someone that doesn't have it. 

    • Scott1 month agoReport

      He did purchase a car but but it in his name or his fathers name. The”or” is good since I can levy it but it looks like there is a lien on it as well or a loan. 

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  • martin
    Lv 7
    1 month ago

    The court can place an order not only on the grounds you suggest, but also on a dozen other grounds the judge has up his sleeve. This careless father has to come clean immediately, or he'll regret it when he sees his jail cell.

    • Scott1 month agoReport

      My issue is there is SO much he has done financially with hiding all his settlements and income. He is self employed and his gf pays for his living. He currently only has supervised visits due to issues he has caused with the kids . But that is another issue. 

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  • 1 month ago

    Who was this settlement with? Were they aware of the lien? You may want to consult with your lawyer to see if they are still liable for the $65k.

    It sounds as if the current judge is providing him an opportunity to show that his actions didn't constitute criminal contempt. As obvious as it may appear to you, the accused has a right to argue their case. If it is as cut and dry as you imply, the new judge will find him in contempt and ratchet the pressure on him to pay the judgment.

    • Scott1 month agoReport

      It is very cut and dry that is why I have a hard time with what has happened. The judge found him in contempt and found he had the means to Satisfy the arrears. He has been ordered to pay $133 towards the arrears and fails to do this. The WC settlement got His regular CS up to date but the arrears .

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  • 1 month ago

    it might be one

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  • Pearl
    Lv 7
    1 month ago

    it might be one

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