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He says the law cant touch him! Louisiana

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  • He says the law cant touch him! Louisiana

    Hi. Im new here and thanx everyone who takes time to read my posts and even reply before I start. I will try and make this brief and to the point (I have a bad habit of talking in "text speak" online, lol) Anyways, my ex/sons father is on (reinstated) felony probation for 3 yrs with possibility for early termination with good behavior in 18 months. I recently filed for and his p.o. is working in conjunction with my case worker. I know this because she allowed my c.sup case worker to get his DNA swabs before there was even a court order in place and recently denied his request to leave town due to the new open c.sup case. So things look like they would go well....

    Until he told me this c.sup thing does NOT affect my felony probation therefore I do not have to pay any attention to it nor go to court or pay. He says if hes arrested on non payment charges he can simply bond out and he would rather do that everytime than pay me a dime but as long as him being arrested for non payment of support doesnt affect his current felony probation he will ignore it b/c adhering to his probation terms is the ONLY thing that matters to him. So my question is, is he right, if he is arrested for contempt of court by non payment or not showing up will it not affect his felony probation? (Paying child support is not a current requirement of his probation b/c I filed after the judge reinstated his probation)

    I just want to know how the new c.sup case affects his probation if he ignores the obligation or is arrested for non payment. Thank you so much.

  • #2
    It depends on the requirements of his probabtion. If they say he cannot be arrested for any reason, then he is wrong. If they say he cannot be arrested for any felony, then he is right, as non-support is not a felony.

    If he doens't pay, he'll be in contempt, and I find it hard to beleive that being found in contempt of court for any reason won't be a violation of his probabtion. But without knowing the specifics of his probation, I couldn't say for sure. What is he on probation for?

    What does his PO say? Does he have a job? I can't see why they don't just garnish his wages.

    Of course, it's always easier said that done.


    • #3
      More Details...

      Hi his probation is for drugs and a gun charge but I dont know the details of his probation like what is required of him and whatnot and since his p.o. is cooperating with my case worker my case worker told me its best if I need to know anything I ask through her and not contact his p.o. personally not right now anyways unless he evades going to court and a court date has not yet been set because we are still waiting for the results of the DNA test to come in (which will show hes his cuz we took one personally but the court wanted one of their own) after the results are in Im planning on talking with my case worker on what happens next to see if she can get more details on what is his probation requirements.

      But this is his second chance on probation b/c he violated the first time by leaving town, not reporting or paying ever and picked up new drug charges and a gun charge but the new charges got dropped (something about the crack he tried to sell was fake and insufficient evidence) so he got out...but I know the judge exact words to him (I was there at his court date) were keep your nose clean, youre vaguely familiar to me now if you come in here for even something so much as a small domestic dispute, itll be my third time seeing you and you'll be very familiar which in turn will not be good for you. So thats why I asked cuz if he can get violated for police being cld for an argument than what about avoid an obligation to go to court and dodging an arrest warrant for failure to appear? Oh and yes him and his dad own a business both of their names are on the ownership papers so hes not paid by check by cash but his p.o. knows this, it is in fact one of the reasons she didnt push to violate him cuz he proved he has a job waiting for him with his family.

      Also is it true that it take years before it gets to the point of them resorting to an arrest warrant for non support?
      Last edited by LuvMyGyrls29; 07-06-2009, 12:01 PM.


      • #4
        Unfortunately, there's just no one answer that can answer all your questions. He MAY get busted for breaking probation for non-support, he may not. Some people fail to pay child support and get away with it forever, others have failed to pay it for just a few months and found their butts in jail.

        It depends on the conditions of his probation, the judge, and how zealously YOU can pursue it.

        Your best bet right now is to just keep in touch with your caseworker and get as much info as humanly possible on his probation, and document EVERYTHING you can. Then it's really in the hands of the judge.

        Good luck.


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