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Is There Any Defense For contempt of court for failure to pay child support New Jersey

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  • Is There Any Defense For contempt of court for failure to pay child support New Jersey

    Is there any defense against this if you do not have the money?

  • #2
    Originally posted by sidhartha11 View Post
    Is there any defense against this if you do not have the money?
    Has your income INVOLUNTARILY decreased due to: injury, illness, lay-off, or an INVOLUNTARY cut in hours?
    If so, and you can DOCUMENT the involuntary loss, you have a defense.

    If your income has not decreased, or decreased through some VOLUNTARY reason: quit your job, was fired for cause, was arrested, etc. Then you do not have a legal defense to contempt.

    Have you consulted with an attorney yet? You really need to because your situation is extremely complicated.

    Comment


    • #3
      Today I attempted to get a consultation. But every lawyer that I spoke over the phone with, said I have to first be served the papers. So I called my ex-wife's lawyer and ask him to resend the papers because either I misplaced the mail, it was lost or he hasn't sent the papers yet.
      -------
      I really have grave forbodding over this .. I can just see in my mind a bunch of legal people in a court coldly saying: Ok, you go jail and give what ever currently remains in your pay check over to your ex-wife. And by the way, thanks for paying this years college expenses but that doesn't count. You still owe your ex lots of money and you didn't or couldn't or whatever pay ..
      -------
      I am starting to loose confidence in the US legal system.

      Case Closed.

      Comment


      • #4
        Originally posted by sidhartha11 View Post
        Today I attempted to get a consultation. But every lawyer that I spoke over the phone with, said I have to first be served the papers. So I called my ex-wife's lawyer and ask him to resend the papers because either I misplaced the mail, it was lost or he hasn't sent the papers yet.
        Big mistake. Don't deal with the ex-wife's lawyer, just go to the court clerk office and get copies of the papers yourself. It is quite possible the papers haven't been sent yet - you will have most likely have to sign for them when they come. Misplaced the mail? Lost? Come on. You are not that incompetent.

        -------
        Originally posted by sidhartha11 View Post
        I really have grave forbodding over this .. I can just see in my mind a bunch of legal people in a court coldly saying: Ok, you go jail and give what ever currently remains in your pay check over to your ex-wife. And by the way, thanks for paying this years college expenses but that doesn't count. You still owe your ex lots of money and you didn't or couldn't or whatever pay ..
        -------
        I am starting to loose confidence in the US legal system.

        Case Closed.
        What do you want the folks on this forum to say? Sorry? Many of us have been where you are, and we can tell you that self-pity is a waste of time...it will get you nowhere and is time better spent working on your case.

        Please stop the whining, take a deep breath, and get the papers. You can go on from there. I'm still having a problem with the issue of two years of bills being piled on at once...doesn't sound right.

        Comment


        • #5
          Originally posted by boobatuba View Post
          Big mistake. Don't deal with the ex-wife's lawyer, just go to the court clerk office and get copies of the papers yourself. It is quite possible the papers haven't been sent yet - you will have most likely have to sign for them when they come. Misplaced the mail? Lost? Come on. You are not that incompetent.

          -------


          What do you want the folks on this forum to say? Sorry? Many of us have been where you are, and we can tell you that self-pity is a waste of time...it will get you nowhere and is time better spent working on your case.

          Please stop the whining, take a deep breath, and get the papers. You can go on from there. I'm still having a problem with the issue of two years of bills being piled on at once...doesn't sound right.
          The two years of bills being pilled on at once is totally my fault and really can be blamed on my naitivity in this matter.
          ----------------
          The major bills, coming from College expenses which I could not pay at the time because I was on the verge of bank ruptsy. Also the fact that my ex-wife tricked me by sending the youngest girl to an expensive private school instead of Temple University, which had granted her a four year scholarship, i.e. she chould have attended for free.
          -------
          So during the first two years of college, my ex-wife paid the bill in some way , how I do not really know. Maybe her current husband helped. According to the girls, she put it on her credit cards.
          -------
          Then suddenly, she sends me a bill by way of her lawyer, saying that I must pay her a lump sum of about 20,000 to cover my part of her expenses.
          -------
          I tried to ask her if I could pay her small amounts per month until I could figure out a way to make more money. NO DEAL. I MUST PAY ALL OR GO TO JAIL .. this is her view of the matter.
          ------
          Does this clear the issue up a little better?

          Comment


          • #6
            Originally posted by boobatuba View Post
            Big mistake. Don't deal with the ex-wife's lawyer, just go to the court clerk office and get copies of the papers yourself. It is quite possible the papers haven't been sent yet - you will have most likely have to sign for them when they come. Misplaced the mail? Lost? Come on. You are not that incompetent.

            -------


            What do you want the folks on this forum to say? Sorry? Many of us have been where you are, and we can tell you that self-pity is a waste of time...it will get you nowhere and is time better spent working on your case.

            Please stop the whining, take a deep breath, and get the papers. You can go on from there. I'm still having a problem with the issue of two years of bills being piled on at once...doesn't sound right.
            Oh .. I did not see the first part of your message. Yes they may have been missplaced or lost. It is possible. However, I would have definitely remembered signing for them which I did not do. Every since I was dragged into court last year by my ex-wife, I have been avoiding the mail , ignoring it when ever possible, just letting it pile up. Most of bills are paid automatically on line so I have little need to check the mail. That is why I was worried that I might have missed the mail. I did go thru all my back mail and did not find anything.
            --------
            By the way, you mentioned that most of the people in this forum have been thru what I am going thru. If so, did most of them automatically go to jail for not being able to pay college expenses?
            --------
            And I guess you are right about not contacting her lawyer though one of the lawyers that I contacted by phone told me to do that.
            --------
            I am starting to wonder if a lawyer is not your sister or brother ... Is is like throwing away money to use their services in these types of matter unless you are the CS.

            Comment


            • #7
              That's a lot of writing that doesn't change a thing.

              Originally posted by sidhartha11
              I tried to ask her if I could pay her small amounts per month until I could figure out a way to make more money. NO DEAL. I MUST PAY ALL OR GO TO JAIL .. this is her view of the matter.
              Fortunately, her view isn't what's important. It's very clear that this is a bully tactic to get you to pay money you don't have. Tell her "see you in court" and leave it at that.

              Go to the court clerk's office...find out if you have been served. If not, wait for the papers to arrive. If you have, ask for a copy of the papers. See a lawyer for a consultation after you receive the papers. Ask the lawyer if you can be sent to jail for not having $20K to pay CS costs which have been allowed to accrue for two years without your knowledge. Wait for the laughter to stop.

              Until then, stop complaining. Please. Find a nice chat room instead. When you have a legal question, we will see you then.

              Comment


              • #8
                Originally posted by boobatuba View Post
                That's a lot of writing that doesn't change a thing.



                Fortunately, her view isn't what's important. It's very clear that this is a bully tactic to get you to pay money you don't have. Tell her "see you in court" and leave it at that.

                Go to the court clerk's office...find out if you have been served. If not, wait for the papers to arrive. If you have, ask for a copy of the papers. See a lawyer for a consultation after you receive the papers. Ask the lawyer if you can be sent to jail for not having $20K to pay CS costs which have been allowed to accrue for two years without your knowledge. Wait for the laughter to stop.

                Until then, stop complaining. Please. Find a nice chat room instead. When you have a legal question, we will see you then.
                I understand what you are saying. But she did win the court case last year ( Oct last year 2007 ).
                I was forced to give her more child-support, which I an now doing, and also the judge said I have to pay her for all documented College expenses. This was in the final judgement. I basically told her I did not have 20K dollars to pay. BUT .. in her opinion and in the opinion of her lawyer, TOO BAD. I must pay even if I do not have the money .. or .. go to jail .. or .. something equally bad which I have not yet imagined.
                -----
                I wrote my sister tonight, telling her to come and get all of my art work ( I paint/draw sometimes ) and some other personal items and store them for me. Those are the only things that are really important to me. I plan on becoming a jobless jail-bird soon. Maybe its not that bad .. no problems .. no bills .. Just live off the state.

                Comment


                • #9
                  Originally posted by sidhartha11 View Post
                  Today I attempted to get a consultation. But every lawyer that I spoke over the phone with, said I have to first be served the papers. So I called my ex-wife's lawyer and ask him to resend the papers because either I misplaced the mail, it was lost or he hasn't sent the papers yet.
                  -------
                  I really have grave forbodding over this .. I can just see in my mind a bunch of legal people in a court coldly saying: Ok, you go jail and give what ever currently remains in your pay check over to your ex-wife. And by the way, thanks for paying this years college expenses but that doesn't count. You still owe your ex lots of money and you didn't or couldn't or whatever pay ..
                  -------
                  I am starting to loose confidence in the US legal system.

                  Case Closed.
                  The bolded portion is exactly what I posted on your other thread- NO ORDER CAN BE ISSUED, NO WARRANT CAN BE ISSUED, UNTIL A PLEADING HAS BEEN FILED AND SERVED UPON YOU, AND A HEARING IS HELD. (I am not yelling, I posted in caps because you need to understand that basic fact).

                  Part of what you are stressing about is nothing more than your ex's words- they do not mean anything. As you've been advised, do not speak to your ex or her lawyer about it. Do not depend on them to tell you the truth. The ONLY way to find out is to go to the courthouse and look at your file yourself.

                  As for what you say you "see" happening, is not always true. Yes, if found to be in willful contempt, or if you do not appear for the hearing, you could go to jail. However, a court can NEVER order anyone to give thier entire paycheck to the ex- federal law prohibits that.

                  Comment


                  • #10
                    Originally posted by sidhartha11 View Post
                    I understand what you are saying. But she did win the court case last year ( Oct last year 2007 ).
                    I was forced to give her more child-support, which I an now doing, and also the judge said I have to pay her for all documented College expenses. This was in the final judgement. I basically told her I did not have 20K dollars to pay. BUT .. in her opinion and in the opinion of her lawyer, TOO BAD. I must pay even if I do not have the money .. or .. go to jail .. or .. something equally bad which I have not yet imagined.
                    -----
                    I wrote my sister tonight, telling her to come and get all of my art work ( I paint/draw sometimes ) and some other personal items and store them for me. Those are the only things that are really important to me. I plan on becoming a jobless jail-bird soon. Maybe its not that bad .. no problems .. no bills .. Just live off the state.
                    For the hundreth time- it does NOT matter what your ex or her lawyer SAYS- the only thing that matters is what the Judge says and ordered. Did the Judge order that the college expenses MUST be paid IN A LUMP SUM? If the Judge didn't state that in the order- you can pay what you can, regardless of how your ex and her lawyer want. As long as you are making a good faith effort by paying something, you most likely will not be in trouble.

                    Your attitude about welcoming going to jail is ridiculous. Find out exactly what has been filed, get a copy from the court clerk, and take all of your papers to a local attorney for a consult. This is the best advice that we can give you, please do so, you have rights that need to be upheld and you can do that only by getting the assitance of an attorney.

                    Comment


                    • #11
                      Originally posted by xena View Post
                      For the hundreth time- it does NOT matter what your ex or her lawyer SAYS- the only thing that matters is what the Judge says and ordered. Did the Judge order that the college expenses MUST be paid IN A LUMP SUM? If the Judge didn't state that in the order- you can pay what you can, regardless of how your ex and her lawyer want. As long as you are making a good faith effort by paying something, you most likely will not be in trouble.

                      Your attitude about welcoming going to jail is ridiculous. Find out exactly what has been filed, get a copy from the court clerk, and take all of your papers to a local attorney for a consult. This is the best advice that we can give you, please do so, you have rights that need to be upheld and you can do that only by getting the assitance of an attorney.
                      How do you make a good faith effort of paying something when you are dealing with what can only be called a very devilishly demonic woman ( hate to say that ). What do I do, send her a small check in the mail ? She would completely ignore it. She will not touch any mail that I send her. Even during the divorce, the court had to send the local Shiriff's office out to deliver her the papers. She ignored all laywer queries .. etc.
                      -------
                      Call her on the phone? SHe would go into a rage and hang up immediately screeming ... PAY EVERYTHING OR YOU WILL GO TO JAIL!!!
                      -------
                      The best thing I can do, regarding the pay small ammount approach would be to hang a check over to my daughter for her mother. At least I would have proof via my daughter. Thanks .. you help me think of that!
                      -------
                      I am contacting a lawyer with or without the papers at this point. If the court cannot be "easily" queried with the docket number by me, I am sure a lawyer will have no problem doing so. I can probably afford to put 4 legal hours of work on my credit card .. for starters. My sister has promised to loan me 1,000 dollars also to go towards legal counsel if necessary and then there is my father who I might be able to get a little help from.
                      --------
                      Thanks again .. and you also caused a slight light bulb to go off in my head in that it did not specifically say "lump sum" in the judgment filed last year. That is very interesting and something I did not notice or understand. It is my ex-wife and her lawyer that continually ask for the "lump sum". Now this does not mean that a judge will not also agree to the lump sum issue. But why my ex-wife continually claims that I have to pay everything in full is a mystery to me.

                      Comment


                      • #12
                        Originally posted by sidhartha11 View Post
                        How do you make a good faith effort of paying something when you are dealing with what can only be called a very devilishly demonic woman ( hate to say that ). What do I do, send her a small check in the mail ? She would completely ignore it. She will not touch any mail that I send her. Even during the divorce, the court had to send the local Shiriff's office out to deliver her the papers. She ignored all laywer queries .. etc.
                        -------
                        Call her on the phone? SHe would go into a rage and hang up immediately screeming ... PAY EVERYTHING OR YOU WILL GO TO JAIL!!!
                        -------
                        The best thing I can do, regarding the pay small ammount approach would be to hang a check over to my daughter for her mother. At least I would have proof via my daughter. Thanks .. you help me think of that!
                        -------
                        I am contacting a lawyer with or without the papers at this point. If the court cannot be "easily" queried with the docket number by me, I am sure a lawyer will have no problem doing so. I can probably afford to put 4 legal hours of work on my credit card .. for starters. My sister has promised to loan me 1,000 dollars also to go towards legal counsel if necessary and then there is my father who I might be able to get a little help from.
                        --------
                        Thanks again .. and you also caused a slight light bulb to go off in my head in that it did not specifically say "lump sum" in the judgment filed last year. That is very interesting and something I did not notice or understand. It is my ex-wife and her lawyer that continually ask for the "lump sum". Now this does not mean that a judge will not also agree to the lump sum issue. But why my ex-wife continually claims that I have to pay everything in full is a mystery to me.
                        This is how you attempt to make a good faith effort to pay:

                        Write a check, send it by certified RETURN RECIEPT mail. Either your ex will have to sign for it, or she can refuse it. If she does refuse, the letter carrier must write 'refused" on the card. You will get the card back with her signature on it if she accepts, if she doesn't you'll still get the card back with "refused" written on it. Either way, you have the card and your postal reciept to prove that it was sent. Then keep track of your bank account to see if the check clears, either way you'll have double proof of payment being sent.

                        I don't understand part of your post- have you attempted to view your file with the court, and the court clerk has refused to allow you to? If so, you'll need to remind the clerk that the file is a public record, that anyone who wishes MUST be allowed to view it.

                        If you are in another state, or too far away to go in person, you can call the clerk's office and ask for copies to be sent by mail. They will look at the file, and tell you how many pages and how much per page. You'll then send a MO or check to them, with a SASE and they will mail the copies to you.

                        Comment


                        • #13
                          Originally posted by xena View Post
                          This is how you attempt to make a good faith effort to pay:

                          Write a check, send it by certified RETURN RECIEPT mail. Either your ex will have to sign for it, or she can refuse it. If she does refuse, the letter carrier must write 'refused" on the card. You will get the card back with her signature on it if she accepts, if she doesn't you'll still get the card back with "refused" written on it. Either way, you have the card and your postal reciept to prove that it was sent. Then keep track of your bank account to see if the check clears, either way you'll have double proof of payment being sent.

                          I don't understand part of your post- have you attempted to view your file with the court, and the court clerk has refused to allow you to? If so, you'll need to remind the clerk that the file is a public record, that anyone who wishes MUST be allowed to view it.

                          If you are in another state, or too far away to go in person, you can call the clerk's office and ask for copies to be sent by mail. They will look at the file, and tell you how many pages and how much per page. You'll then send a MO or check to them, with a SASE and they will mail the copies to you.
                          That is another good idea. If only I had of realized that earlier regarding the certified letter. I will do that first thing tomorroo. Hopefully, I will not be arrested on the way to the post office!!!
                          -------
                          It is difficult, it seems, to get case information using the docket number. You do not get to speak to a real person but a comuterized voice instead. It simply says: leave a call back number and the docket number. We will contact you later.
                          Maybe later means a number of days. Unfortunately, I am not that close to the court house. On the other hand, yet another idea comes to mind , because of your comments. I can probably go to any court house to get such information? Not just the court house in the city where the judge resides. If that is the case, I might be able to find a close New Jersey Court House to the place I work.
                          -------
                          Of course, I feel that time is running out, hopefully I can do this tomorro during lunch time.

                          Comment


                          • #14
                            Originally posted by xena View Post
                            This is how you attempt to make a good faith effort to pay:

                            Write a check, send it by certified RETURN RECIEPT mail. Either your ex will have to sign for it, or she can refuse it. If she does refuse, the letter carrier must write 'refused" on the card. You will get the card back with her signature on it if she accepts, if she doesn't you'll still get the card back with "refused" written on it. Either way, you have the card and your postal reciept to prove that it was sent. Then keep track of your bank account to see if the check clears, either way you'll have double proof of payment being sent.

                            I don't understand part of your post- have you attempted to view your file with the court, and the court clerk has refused to allow you to? If so, you'll need to remind the clerk that the file is a public record, that anyone who wishes MUST be allowed to view it.

                            If you are in another state, or too far away to go in person, you can call the clerk's office and ask for copies to be sent by mail. They will look at the file, and tell you how many pages and how much per page. You'll then send a MO or check to them, with a SASE and they will mail the copies to you.
                            I got the Judges verdict. I called my ex-wifes lawyer and had him fax it to me at work.
                            -----
                            Needless to say, I have to get a lawyer quickly. I am borrowing some money to attain a lawyer. Hopefully, this will at least .. keep me out of jail.
                            -----

                            Comment


                            • #15
                              Originally posted by sidhartha11 View Post
                              I got the Judges verdict. I called my ex-wifes lawyer and had him fax it to me at work.
                              -----
                              Needless to say, I have to get a lawyer quickly. I am borrowing some money to attain a lawyer. Hopefully, this will at least .. keep me out of jail.
                              -----
                              The judge's verdict? From the last time you were in court? I thought you were going to get copies of whatever has been filed against you since then. You do realize that your ex has to file against you for contempt before you could even possibly be sent to jail, don't you? Do you have reason to believe your ex has filed a motion for contempt against you?

                              Again...I cannot emphasize this enough. DO NOT CALL YOUR EX-WIFE'S LAWYER FOR ANYTHING! They are under no obligation to help you, and they have every reason to try and mislead you. Contact the court (the same one you went to before...you can't go to a "closer" one) and find out if there are any current motions against you.

                              I'm really having a tough time following you...is it just me?

                              Comment

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