Ask Me Help Desk - Contempt of Court

Good afternoon all,

I live in TX and my son lives with his father (custodial parent) in Bryan Co, OK. We set up a child support order almost a year ago and they JUST started taking it out of my check 2 weeks ago. I have called them many many times to find out how to send payment, where, etc. I am also ordered to supply medical, dental, etc for my son. I got insurance for him in January when I had open enrollment at work (I am federal employee, which may be important to this question). Since I never found out where to send payment, I never sent anything, and my ex husband said to hang on and wait until they take it out of my check because if they took the back amount out of my check, he wouldn't be able to pay me back.

Here's the kicker. They have sent me half a dozen letters threatening me with action if I do not get my son covered under insurance. I have written AND called and given that information, given the cards to my ex husband and am now receiving EOB's for doctor visits.

Now they begun proceedings to find me in contempt of court, siting non payment of child support and not having health insurance for my son.

I am scared. My agency does strict background checks and people get fired for having bad credit! What is this going to do to my job? Am I going to go to jail? Do I have any recourse?

I know I need to hire an attorney, and I will on Monday, but for now, I am freaking out!

Please help!

Just giving a *bump* waiting for an answer

You need to find the medical insuracne contract/medical cards showing proof of his insurance. Also check to make sure that it covers his dr. in his home state and not just ones in your area (I too have had a federal position and know how picky they can be sometimes) that could be a hold up. I wouldn't worry too much if there was an order for garnishment and they just started taking it out because there is only so much you can do when it comes to your employer. You have the right idea to get a lawyer so just see what he/she has to say.

Have you received a summons or order to appear? Are you saying you are almost one year behind in child support? If that is true, then you need to come-up with a plan to get current, such as and extra $100 per month.

Quote:

Originally Posted by George_1950

Have you received a summons or order to appear? Are you saying you are almost one year behind in child support? If that is true, then you need to come-up with a plan to get current, such as and extra $100 per month.

Going with George here (consider this a lengthy "greenie") - if you are almost a year behind in child support you have problems. If you were ordered to get health care insurance, pay support and you have not the Court is not going to very much care why you are in contempt. People send the check directly to the custodial parent under these circumstances and pay for private health care insurance until their jobs will cover the dependent child. The Court doesn't say, "Get health care insurance when your employment will cover it." The Court says, "Pay now, get insurance now."

And, yes, the Feds are not understanding about these things and this will show up on an updated background check. I've seen security clearances pulled for living with someone outside of marriage - !

But maybe I'm missing something here or not understanding something - ?

If you had been calling about sending the money, will I assume you put it in a savings account and have that money to merely send them and write them a check? But as long as you provide them the money and/or a plan to pay the back. Also who is pushing for this, since normaly unless the other parent is filing paper work the court does not do this on their own?

Quote:

Originally Posted by aliciag940

Good afternoon all,

I live in TX and my son lives with his father (custodial parent) in Bryan Co, OK. We set up a child support order almost a year ago and they JUST started taking it out of my check 2 weeks ago. I have called them many many times to find out how to send payment, where, etc. I am also ordered to supply medical, dental, etc for my son. I got insurance for him in January when I had open enrollment at work (I am federal employee, which may be important to this question). Since I never found out where to send payment, I never sent anything, and my ex husband said to hang on and wait until they take it out of my check because if they took the back amount out of my check, he wouldn't be able to pay me back.

Here's the kicker. They have sent me half a dozen letters threatening me with action if I do not get my son covered under insurance. I have written AND called and given that information, given the cards to my ex husband and am now receiving EOB's for doctor visits.

Now they begun proceedings to find me in contempt of court, siting non payment of child support and not having health insurance for my son.

I am scared. My agency does strict background checks and people get fired for having bad credit! What is this going to do to my job? Am I going to go to jail? Do I have any recourse?!

I know I need to hire an attorney, and I will on Monday, but for now, I am freaking out!

Please help!

Fomr my experience... Iam am a single mon of 5 in Tx. My ex owes me $74,000 and is still walking around and having more children. In Tx, Ok may be different if that is where your order was done, you should have been paying the child support office directly and having them send it to the custodial parent or pay him directly with receipts. I think even if you go to court they willl let you by with adding 50 - 100 dollars to your current support to catch up on your arrears. Maybe even start doing it on your own to the childsupport office to show good faith.
In regards to the Doctor's bills... if you did indeed send him medical cards any doctor visits after that you are required to pay half the expenses incurred but prior to the medical insurance you are probably going to be held liable. I am sure if you call these doctor's they will be willing to work with you to pay this debt off. My advice to you is to try and get up before you start accruing so much interest

My ex seems to have luck on his side... he has been put on probation, had it revoked, put on furlowe(specific amount of time to come upwith a lump sum, not the total) had that revoked , had a warrant for his arrest, and now the warrant has expired. Since then he has had 2 more children.
The bottom line is this money is for your child and you should want to support him!
Good Luck!
THIS IS ONLY MY Opinion I AM NOT A LAWYER.

I may have been a little vague about the medical insurance thing... I was ordered to carry insurance at the earliest convenience. Order was done in Sept, finalized in Nov and I enrolled my son that same month, with benefits being effective in January. I am not liable for any further costs, except the cost of actually carrying the insurance.

Chuck - I have saved up about half of the money I am behind (not all because, well, I'm not perfect and totally know that) and am ready to send it in, just don't know where to send it!

I have talked to my point of contact in the payroll department about having money set aside and sent to the child support office every paycheck, but they said it has to be ordered that way.

I have a court date in August, so I'm just going to hire an attorney now and see what happens.

Thanks for all of the help and advice, you guys are all deserving of "greenies"!

Quote:

Originally Posted by aliciag940

I may have been a little vague about the medical insurance thing... I was ordered to carry insurance at the earliest convenience. Order was done in Sept, finalized in Nov and I enrolled my son that same month, with benefits being effective in January. I am not liable for any further costs, except the cost of actually carrying the insurance.

Chuck - I have saved up about half of the money I am behind (not all because, well, I'm not perfect and totally know that) and am ready to send it in, just don't know where to send it!

I have talked to my point of contact in the payroll department about having money set aside and sent to the child support office every paycheck, but they said it has to be ordered that way.

I have a court date in August, so I'm just going to hire an attorney now and see what happens.

Thanks for all of the help and advice, you guys are all deserving of "greenies"!

Always so gratifying when somebody comes back and lets us know how things are going - very glad that you did.

Please keep "us" informed - very often someone else is in this same situation and your experience will help them.

And don't be a stranger - why don't you come back and join in on some of the discussions - ? Always happy to see a new face.