CS.... What can I expect in court?


#1

If he is sent to jail a result of not paying child support, the court will set what is known as a purge amount. That means the amount it will take in order for the court to purge him of the contempt. It may be the full amount or something less than that, it is within the discretion of the court. I know you are worried about your son, but it also hurts him if you do not receive child support. You might want to rethink your position on sending him to jail.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thank you. I do need to put my foot down. No matter how this turns out I will be the bad guy. One more question, if you don’t mind. If there is a purge amount ordered and paid, will this negate the total arears?


#3

No, the arrears are not satisfied until the total amount has been paid.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

My ex and I have been in and out of court since before the divorce was final over child support. He has been ordered to pay 499.00 plus 20.00 (toward arears) a month. In the three plus years since this all went into effect, he has always been arears and was only consistant with payment for three months. He has been locked up once (failure to appear… 1500.00 bond) and been ordered to pay (200.00 in one instance and 500.00 in another, one payment… then another twoo weeks later, on two seperate occasions) In the last year the only payments I have recieved have been the ones made while we were before the judge. (1400.00 total). We are going to court AGAIN on the 11th. He is not working (legitimately) and has filed (and been denied disability). He has a full mechanic’s shop at his house… I know he is working out of this location, although not much. He recieves 400.00 a month to look after his aunt’s property and 75.00 every quarter to allow somebody to park their RV on his property. His momma and sister take care of his bills. He 54 years old. He says he cannot work because of some back problem (he has had back problems for the entire 15 years I’ve known him… but none severe enough to anything other than self medicate). Just over thanksgiving he took my son to Orlando and was able to ride roller coasters… his back must have been on a “good week”. Sorry for the long post… I wanted to give background before asking my question… Which is… What can I expect in court? My ex will be over 9000.00 in arears at that time. Last time (Auguast) the judge asked me if I would like him in jail… I said I didn’t want to have to explain to our son that his dad was in jail. I do not want my ex to be in jail ( it waoud bother my son) but I do want something to change. We go around and around this merry go round with court, but nothing ever changes. If he is, in fact, arrested and held in contempt… would he be able to bond out ( I get any bond payments). I know his momma and sister won’t let him spend the holidays in jail. What can I expect to happen?