They are saying at the domestid relations office that she has the judicial power, not me. She wants me to appear to pay it.
Thank you for your follow-up.My apologies but what you are being told is bunk. Only a judge or a judge's order can force you to appear in court and/or personally make a payment. Beyond that the other parent can file a motion in court to compel, but she cannot directly compel you to appear. If there is no court order in place, so long as you make the payment in a timely manner, potentially via your agent such as your attorney, you are not in violation. Now, if you are discussing coming to court over a contempt petition over non-payment of arrears, then that is different. Here, it is not the ex seeking that you appear, it is the judge requesting that you appear, and that you do have to appear as otherwise a bench warrant for your arrest on grounds of contempt of court order would be ordered against you.Good luck.
I read the order again and it was the judge requesting me to appear. I have no way or funds to appear so what do I do. since I missed the date. Please help me
Just the 27th of sept. They didn't leave any time to prepare either. I just can't get there.
This is not a very good situation. Call the court as soon as possible to speak with the clerk, explain that you did not obtain enough notice, and ask if the judge would be willing to speak with you via phone so that you can explain your absence. This is a long-shot by far, but it may keep you from being arrested on a bench warrant. Otherwise you must make plans to appear as soon as you can, or you can arrested for contempt of court, both for failing to appear in court and for failing to make timely payments.Good luck.
I just don't understand what they expect me to do. It is 5 hrs away and I dont have a way to do this appearance I am almost able to pay the arrears in full if I dont have to spend all my credit on going there.
They expect you to appear, likely to be admonished and chastised by the court over failing to appear in the past and for not making payments on time. I am sorry that you are in this situation, truly, but a judge can demand you show, even if it may not always make sense to you or to anyone as to why it makes sense for you to be there. The fact you do not have enough to make the journey is not the court's concern, they made a ruling and expect you to abide by it.Good luck.
Thanks for the help but I haven't been late on payments and they have been taking extra on the arrears. She just went to demand it all.
Thank you for your follow-up.In that case appearing and showing your past payments history and that you have not missed any dates is in your best interest. That would show that you have not been somehow in breach of terms, and that my potentially get the judge to agree to not increase your current payments.Good luck.
Oh I forgot she was supposed to get paternity testing done and has since refused as well. I will call the judge as well tomorrow Thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).