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?
- Fred XX00 ILv 71 month ago
A simple blood test
- FoofaLv 71 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.
- Anonymous1 month ago
The crime would be contempt. But, yes. Unfortunately, you can't get money from someone that doesn't have it.
- martinLv 71 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.
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- Little PrincessLv 71 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.
- Pearl LLv 71 month ago
it might be one
- PearlLv 71 month ago
it might be one