Recently the sheriff tried to serve me at my previous address, my ex girlfriend told them I did not live there so apparently they sent it back. About one month later she told me I received a letter that was a motion of contempt with the courts time and date. Can I be held in contempt if I was never served? If so is it possible I will have a warrant for my arrest, and I'm assuming it would be a standard warrant rather then a bench warrant.

Oh yeah this is in Kansas, and I cannot go to the court date as it will cause a flood of things to fall into motion that I am trying to fix.

Thanks.

Also I would like to mention (so I don't look like a horrible person) I see my daughter every day, and play a huge role in her life, I owned a restaurant that just went under and during the 2 years I tried to keep it afloat I neglected my child support obligation. To add insult to injury I had a motorcycle accident and just a slew of other problems have ensued, 3 lay-offs, I can't find work and I just don't have any money.

If I go to court I believe I will go to jail, then the other problems I'm presently working on will catch up with me and I don't think I will be able to get out in short order. I'm trying to by some time so I can catch up on this giant mess.

Also I would like to mention (so I don't look like a horrible person) I see my daughter every day, and play a huge role in her life, I owned a restaurant that just went under and during the 2 years I tried to keep it afloat I neglected my child support obligation. To add insult to injury I had a motorcycle accident and just a slew of other problems have ensued, 3 lay-offs, I can't find work and I just don't have any money.

If I go to court I believe I will go to jail, then the other problems I'm presently working on will catch up with me and I don't think I will be able to get out in short order. I'm trying to by some time so I can catch up on this giant mess.

Yes, you can be held in contempt even though you weren't served.

You NEED to appear in court, you'll need to bring proof of all of the reasons that you haven't paid. Have you made any effort to pay at all? Even if it wasn't the court ordered amount?
If you have, and you bring proof of payments and proof of why you couldn't pay in full, you MIGHT get lucky and not be held in contempt.
Oh, if you are found in contempt, the Judge will order a purge amount to be paid, so bring as much money as you can to court with you.

Contempt is based on the NCP's WILLFUL failure to pay. When a NCP can prove that they have made a good faith effort to pay, and can prove that the resons for non payment are involuntary, the NCP might not be found in contempt.

I know you said that you cannot go in person, but you really have to because if you don't, the Judge will definately issue an arrest warrant.

Thanks for your reply xena.

No I have not paid anything in the past 2 years. Years past I have been tried for contempt, but the judge ordered me to come in once a month for three months to prove I was making an effort. The second time I was told if I was in her court room again I would go to jail, she still presides. Unfortunately I have a bench warrant for a suspended license and possibly another so if I am incarcerated I will be in there for awhile. It's crazy how I practically destroyed my life in two short years.

Anyways, my plan is to hang low, start paying, fix my other issues as well and then voluntarily go to court.

I guess I better start loading the camper up and head for high ground :(

After giving this much thought I have decided to go to court today and request legal council. If it looks bad I have the right to not show up for the continuance date and I will be in the same boat, arrest warrant, so it's the same either way.

Thanks again xena :)

Well I went to court today. When my name was called I approached the bench and was absolutely floored! Although the paper I was mailed said it was a motion for contempt, it also had another paper that was a motion for reduction in the amount I am to pay monthly. The prosecution told the Judge that this was a motion to reduce my support, and never mentioned the contempt! The Judge asked if I objected, I said no, she said thanks I can leave now! On the way out I thanked the prosecutor by name. At one point the prosecutor mentioned he did not have the file with him so I'm guessing that was the mix up.

I can only hope that if I can start throwing money at them (social services) that they will skip the contempt.

Now for the third time, thanks xena lol, as your comments played part in my decision to go, I can now live as usual (no looking over my back) and be with my family as well.

Wow.

Thanks for sharing your story... it's good to see that every now and then someone benefits from doing the right thing!

Bless you,
Amy

Well I went to court today. When my name was called I approached the bench and was absolutely floored! Although the paper I was mailed said it was a motion for contempt, it also had another paper that was a motion for reduction in the amount I am to pay monthly. The prosecution told the Judge that this was a motion to reduce my support, and never mentioned the contempt! The Judge asked if I objected, I said no, she said thanks I can leave now! On the way out I thanked the prosecutor by name. At one point the prosecutor mentioned he did not have the file with him so I'm guessing that was the mix up.

I can only hope that if I can start throwing money at them (social services) that they will skip the contempt.

Now for the third time, thanks xena lol, as your comments played part in my decision to go, I can now live as usual (no looking over my back) and be with my family as well.

Wow.

Wow, is right. You've been given an opportunity that very few get, please take advantage of it. Pay the court ordered amount plus as much as you can toward the arrears.

If for some reason you cannot make the full payment, remember that any payment at all is better than none. I know of an NCP who is paying only a 1/4 of what his arrears payments are because that is all he can pay. Neither the court, nor the CSE is willing to file contempt because the NCP is making a good faith effort by paying something on a regualr basis.