Success in Court : Criminal Contempt


#1

I am posting this message to hopefully give insight to others that was in my position earlier, trying to file contempt for Non-support Pro Se. I also have some additional questions.

When the judge asked if I wanted to file civil or criminal contempt. I asked that it be left with the descretion of the court. (the judge desides which).

I provided, all of this as evidence and exhibits, the original court order, the record of payment history, the parents income (self employed) in his own handwriting how much he made for each job and stated that their were three months in which he did not work at all., I provided a breakdown of these payments and how much they would be per month and referenced this as being only off $20.00 from the original calculated amount by the court order, I provided emails before I sent them a bill and after and noted to the judge the difference in the tone of the email. (the bill was for out of pocket expenses).

The NCP had a attorney and decided to plead the fifth.

Outcome of the decision was suspended thirty day sentence contingent upon paying full support and paying it on time. If he does not comply, all I need to do is to file contempt again and he goes to jail for non support for thirty days.

Questions for this post:
Since I have proven contempt, does this help any with proving his unwillingness to support his child?
Attorney fees were not heard, and the review was posponed until a later date.
How old does the child have to be, before the court will actually listen to the wants/needs of the child and their reasons for feeling the way they do?

Another note: I love this site… Thank you for all your help…


#2

I am sure the judge is now aware that your ex is unwilling to voluntarily pay the support ordered. Normally a judge will not hear from a child unless he or she is at least 12, but it depends on the maturity of the individual child.