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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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husband arrested early am for contempt on child support arrearage

Customer Question

PLEASE_husband arrested early am for contempt on child support arrearage but we have receipt paying all arrearage but tenn irs will not release funds to his ex they got him on 60 days contempt even though state has received money was told by officer may get a stay due to husband having surgery twice next week and our child having surgery this thursday. The state has the money only they will not release due to joint return i talked w c support both thursday and friday trying to release any hold I had and they were working with us. officer advised me to go b4 judge in a.m. and request a stay- i have no idea what im doing please help me- please, my hands are full and have 5 children its my understanding this cannot be considered criminal attempot as he has proved he doesnt have resources and has been trying to send what he could- they kept our refund and i was n agreement but ex just wants him in jail- yet the state of tenn has the complete arrearage what do I need to do in order to go b4 judge, please, please help me, cannot find help anywhere and its a rural county, which complicates things- please
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



I am sorry for your situation, what exactly is your question?



Customer: replied 4 years ago.
1) How do I go in to a judge w/out being on docket and request a "stay"- what exactly is ths? 2) Can they keep him incarcerated on what is technically a civil contempt involving funds he can prove he has no access to? 3) The State of Tennessee has received all arreages yet they will not release to custodial parent though child support and my husband and I have been in full contact attempting to have them released- how can this be contempt?
Expert:  Ely replied 4 years ago.
Ok, hang on. First of all, do you know if he has had bail set yet?
Customer: replied 4 years ago.

no bail they said would have to serve 60 days no magistrate, etc found guilty of contempt due to prior hearing but we believed the funds had been forwarded to his ex via government as we receieved receipts

 

Expert:  Ely replied 4 years ago.
Was he even present for the prior hearing?
Customer: replied 4 years ago.

Yes he was however attorny removed hisself due to serious illness and we were unable to afford another

isnt this civil?

debtors prison is over, in this economy, everyones being laid off half of his unemployment went to her until it ran out.......just need advice was told to go befor ejudge in am and request a stay???????????????????????

 

Customer: replied 4 years ago.

when agreement was met he did not have an atttorney and they wouldnt offer another due to fact he had prior

 

Expert:  Ely replied 4 years ago.
Ok, ok - go to court in the morning and you have to go to the Court in the morning and file a MOTION OF STAY with the Court, asking them to "stay" the contempt, i.e. let him out. It's up to the Judge. A motion of stay can be found at legalzoom.com or nolo.com.The Judge will review your motion and may or may not let him out. It's up to the Court.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.
And if there is not a judge available until 3/9/10 can i go somewhere else? they will not tell me anything- isnt "debtors prison" illegal? thats hat this is- it isnt as if he hasnt ried and child support has all arreages on hold in their account? Can this even be legal--please-please help me
Expert:  Ely replied 4 years ago.
Clove,There's nothing that can be done without a Judge, but there is always a Judge available for a Motion of Stay on a workday. Just go there early in the morning with the motion.Debtor's prison is illegal in the US, but if someone is in arrears for child support, they can be held in contempt of court, and that's what this is. Contempt of Court can and does lead to a little jail time, as in this case.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.

there are no judges available- thats small town tn and I reviewed its a civil matter , if you have a reasonable, documentable reason u cannot pay, then they cannot viewed recent supreme court rulings, and the county says there are no judges in this county until late next week . Can I go to another county? If you'll help me not only will I refer you, but give you what small funds I have- he has major surgergy tmw and they say we cannot visit, can't even see his child- do you have any idea how traumatizing this is? Sheriff and adminstrator are trying to help push for either a furlough or defferment , child support agreed a stay was in order however their attorney is not available , and county says a "stay" is not possible- rural tennessee, come on, please this is insane- offered to borrow to pay debt for release one party says yes immediate release other says no way what is the law? I've spentr 32 hrs online researching TN code etc.

PLEASE.....

Customer: replied 4 years ago.

I havent found a single attorney here that can answer- I do know he had an attorney he took hisself off case due to health but my husband told judge he couldnt afford another and judge refused to allow him indigent form and insisted it go to court that day- thats not RIGHT

 

Expert:  Ely replied 4 years ago.
I cannot take any clients off of JA, if I understood you correctly, sorry. If there is no Judge available, you need to find an attorney to file a Motion for Habeas Corpus in the nearest town where a Judge IS available, demanding that he be set free. You're just not going to solve this on your own, and you're starting to panic a little, so stop. Hire an attorney - take out a payday loan if you have to. I'd like to refer you to the TN Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.http://www.tba.org/LawBytes/T1_1000.html

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
wasnt answering for an attorney only advice , ony to clarify can they make you represent urself in this situation? thankk you so much, wish i was in texas, you have been a great help, and yes i am panicking, but wouldnt you possibly if it were your family being railroaded? dont amnswer that one....
Expert:  Ely replied 4 years ago.
Since he is imprisoned, even though this is a family court, he would be entitled to an attorney, but you have to ask for one in these cases in smaller counties like yours. You'd waste a hearing (it's be reset to find one for him) if you ask for an attorney. If you can spare a grand or so, hire an attorney and get him out quicker. And I don't blame you for panicking, it's understandable. I'm just saying get yourself together :)

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Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.