Not quite sure I understand, please clarify


#1

I appreciate the answers thus far (previous request… What do I do now…)and though helpful I’m still somewhat confused given my current situation. I say this because the answers seem to indicate that I need to file a motion of contempt due to the unpaid support. The thing is I’ve already done this twice. The first time I filed I went for civil contempt basically just to get him in front of the judge again. As I somewhat expected it was dismissed because I couldn’t prove he had the ability to pay. The second time I filed I went for criminal contempt. This time I had paid invoices, in his own writing, proving that he had the ability to pay yet willfully didn’t. Given the evidence and the willfullness involved this time the judge found him guilty of criminal contempt. The judgment handed down was a 30 day jail sentence that was suspended, contingent soley upon him paying his support complete and on time from that point on.
That brings me to my current situation. Since we left the courtroom that day he still hasn’t made the payments completely or on time, in direct contempt for the judges order and against the contigencies set forth to stay out of jail. Now I understand if I were to once agan file contempt charges for nonpayment, in order to get a judgment, I would have to prove he has the ability to pay and willfully isn’t, just as I’ve done before. My question now is why do I have to do this again just to get a previous judgement executed. I understand by not paying he is in contempt of the child support order regardless of anything else. This time though I’m not wanting the child support order enforced, I’m wanting the judgment executed because he’s not following the judges orders telling him how to stay out of jail. The findings of fact “prove” the ability was there in this case, and a sentence was given based on those findings but was only suspended, not dismissed, with contingencies that haven’t been met since he left the court room. So, once again, why do I need to file a motion of contempt and prove anything, when that has already been done, in order for him to be punished for not doing what the judge told him to do. For me this isn’t about the money, it’s about him finally being held accountable for his actions.
I realize there may be other laws at play here I’m not aware of but I’ve tried to do my homework in order to know what needs to be done given my Pro-Se statis. However this situation is one that I haven’t encountered and can’t seem to find any information on anywhere that I’ve looked. To make things worse I really don’t understand why, beyond this situation, I ever have to prove he has the ‘ability’ to pay to get a judgment of contempt when the guidelines covering child support state that the payments aren’t specifically based on ‘the ability to pay’ but also on the ‘potential’ to be able to pay. I’ve mentioned it before but in this case he is self employeed, and while I know times are tight, he still has the ability to take or turn down work as needed to make his salary match what he wants to pay. The problem is he deals in cash so being able to definitively prove each time that he has the money is nearly impossible. Why aren’t the findings of fact that were made on the origional order still valid??? I could understand it if the guidelines for modification of the order had been met (ie three years or 15% change in circumstances) but it’s been just ten days over a year since the order was handed down and there hasn’t been any substantial change in either of our circumstances beyond him claiming times are tough, he can’t find work, and being too lazy to get a second job (something I can’t afford to do since I have custody and already work full time) to suppliment his “self employeed” income or lack thereof.
In conclusion it all boils down to one basic question. Can anyone tell me how I get the judgment executed without having to file another motion of contempt for non payment that I’d have to try to prove. Given his self employment all he had to do is to have not worked since court, and given the economy at the moment proving ability or intent of anything would be impossible. The one thing I can prove is that regrdless of whether he paid his support or not, again it’s not about the money, he didn’t do what he was supposed to and needs to be held accountable for his actions.
Any help anyone can provide, be it professional advice, guidence to relevant laws on the books, case law to read on the subject, or anything else that might be helpful would be greatly appreciated.


#2

Scenario: NCP charged with Criminal Contempt… Suspended sentence contingent upon, paying the full amount of support and paying on time. NCP has not paid the full support, therefore the full support was not paid on time. October 1st will be the second month of Contempt.

Questions…
Am I suppose to file Contempt Charges against the NCP again to get the (Criminal Contempt Judgement executed)?
What do I need to prove to the Judge when I go to the hearing?
What if the NCP does not show?
What if the NCP does not testify and pleads the fifth?
Do I need to file papers to his attorney to make him aware that I am about to file these papers?
Do I need to give him a chance to explain himself first, or is this what the hearing is for?
Do I need to file charges for each month, September and October? (I am waiting until after 10/01/09 to file).


#3

If your ex was already found in criminal contempt you need not refile, the court should execute a warrant on its own.


#4

What would be considered a reasonable amount of time for the Courts to execute their judgement? Sept 1st was the first and Oct 1st will be the second violation of the Criminal Contempt suspended order.

Is their anyone that I might need to bring it to their attention at the Court House?


#5

I would suggest contacting the clerk on or around the 5th.