
04-16-2005, 03:49 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Illinois(chi-town)
Posts: 5,076
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By the way welcome to the forum. Look around the download section.
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Resolution pending
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04-16-2005, 04:19 PM
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I need advice RE a loved one being held in contempt of court.
My husband was recently arrested for contempt of court. I am trying to
get him released.
Ok he was working for a oil well drilling company in 2003 and the
beginning of 2004. He hurt his back very badly at work on Feb 12th
2004. He has been unable to work since then. I was unable to work at
the time due to having tiny babies nursing and a pregnancy ( I always
have complications and deliver prematurely). So the kids and I went
onto welfare temporarily so that we would have a place to live,
medical care and food on the table.
Welfare regulations dictate that I had to file for child support in
order to recieve assistance. It was the only way since legally he was
not living with us. My landlord hates his family because she went to
school with his mother and his mother beat her up several times in
school (I wish she'd do it again now!!). When we got married Carl (his
first name is James but everyone calls him Carl) neglected to fill out
some paperwork for the landlord and she evicted him. Not only did she
evict him but she put a defiant trespass notice on him stating that he
was not even allowed on the property even to visit. Well we have woods
behind the place so he just snuck in the back door after dark so we
were ok. I couldn't move because I would not have been able to afford
the rent anywhere else (we're in public housing).
So there was absolutley no way I could get out of filing for child
support. We figured that since he couldn't work that they would be
lenient. Not so. We were unable to get him any health insurance so he
never did get the medical care he needed for his back and I suspect
that it healed wrong and that he may be permanently disabled. But
because we could not get him to the doctor we could not prove that he
was unable to work. So the courts held him in contempt for nonpayment
of child support. That is where his 6 month sentence is coming from.
BUT I had found a job recently that would have started next month. But
with him in jail I would never be able to pay for child care so I
cannot take the job now. It would have paid enough for me to support
us without cash assistance so we decided to drop the current support
order and just pay off the arrears monthly. Well the court refused to
dismiss the order. I was the petitioner and I sent in a written
statement declaring that I wanted to drop the case along with a check
for the court costs. Everythign I was supposed to do and they refused.
I am still looking for a way to get the current order dropped so that
I can make a payment on the arrears. Then he would no longer be in
contempt and they would have to let him go.(at least this is my
reasoning please correct me if I am wrong)
So basically the short of it is that he is in jail because he got hurt
and we are poor. If anyone here has any information that I can use
please let me know. If it helps We are in Crawford County in
Nortwestern Pennsylvania.
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04-16-2005, 10:31 PM
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Atleast this one...
... state's the charge upfront.
Please feel free to "PM" and we'll see if we can get a doc in the mail to this fellow.
Meanwhile, find the name of the individual "head" that is responsible for this kidnapping.
Example: Agency responsible for the Court Action (who petitioned the court)
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04-17-2005, 12:26 AM
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contempt
file a affidavit saying your husband WILLFULLY wants to comply with his order but his back prevented it. contempt is based on one one, WILLFULLNESS, they are saying your husbandk WILLFULLY is in contempt and he didnt rebut that one word. peace
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04-17-2005, 12:34 AM
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How?
How do I do this?
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04-17-2005, 12:48 AM
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I am a single mother and hate listening stories like this. My heart goes out to you and to your family!
Many women are against the Sovereing Movement. How frustrating! Most women don't realize that their children are considered wards of the state. Not only that, the best mother is the one who has father, KING, by her side. No State will love her children more than their own father. When a man is KING, he sees that his children are not deprived of that maternal care so important during early childhood, and he will be there for the teen years when the paternal image is most important. Mother QUEEN will do what you are doing by trying to protect them all, children and father, equally.
We have a system where mothers and fathers are punished for trying to claim their god given parental rights.
Don't despair, dear lady. I am a beginner and don't know too much; but the good older members, (men and women), will help you to deal with your sad situation. That I do know. I trust them, you trust them to.
My prayers for you and your family. Because this is the root of the problem, a very good examle of the banksters intentions: the destruction of our families.
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04-17-2005, 12:53 AM
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court head
The domestic relations section petitioned the court to hold him in contempt in my name without my consent. The petition was made in my name without my signature and I was not notified of the hearing only the outcome.
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04-17-2005, 01:52 AM
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Practice Makes Perfect
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Join Date: Oct 2004
Posts: 272
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Anyone, Anyone
Does not this afflicted (by the state) lady have grounds for a tort lawsuit against the ageny or head of agency on filing a fraudulent paper, since it was done in her name, w/o her signature, while she was/is demonstratably capable of filing that paper herself?
sic Gorgiamus Alus Subjuctatos Nunc
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04-17-2005, 05:16 AM
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I found some information
I found some information but I don't know how to use it. Please advise.
"If a person willfully disobeys a lawful child support order, he or she can be jailed for contempt of court. The civil contempt action is brought by the custodial parent. The court clerk will have the proper forms. After that, the nonpaying parent will have to be served with process since he or she has the Constitutional right to appear at the hearing and present a defense. If the nonpaying parent is served with process and does not appear, the trial court will order a bench warrant issued for his or her arrest.
If the court finds beyond a reasonable doubt that the parent has willfully failed to pay pursuant to a valid child support order, the court can order the nonpaying parent jailed. (A parent who can show that they did not have the ability to pay will not be found in contempt of court, even though he or she will continue to owe the money.)
Often, the mere threat of jail is sufficient to pry open the recalcitrant parent's pocketbook. However, in severe cases, parents will be jailed and often the jail sentence will be open-ended, terminating only when the proper payment has been made.
I don't think that they can say that he 'willfully' disobeyed. He was unable to comply due to not being able to work OR afford health care for his injury.
It states that the motion is to be brought by the custodial parent. I did not bring the motion. I did not sign anything having to do with contempt proceedings. I was not requested to appear at the hearing nor was I notified prior to the hearing. I believe that I was not notified because just my testimony alone would have provided a resonable doubt about his 'willfullness' I also have the voided check that Domestic relations sent back to me when they refused to drop the current order. Am I missing something here or does it look like the domestic relations section broke the law by refusing to allow me to drop a support order in which I was the petitioner (I was the petitioner against my will), impersonating me to bring a motion for contempt and then barring me from excercising my right to be at the hearing where I was 'supposedly the petitioner?
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04-18-2005, 12:25 AM
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Update
I just spoke with the court administrator where he was arraigned. The arraignment itself was continued because he was assigned a public defender and had not had a chance to speak with him. There will be a new hearing this week that I WILL be notified of. I also put in a call to the public defender's office asking what I could do to help. I need guidance. How do I help him (the 'petitioner' appearing on the defenses side)?
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