does contempt of court ever lead to jail time?

[livednlearned]

I know in theory it does, and that contempt of court can lead to jail time in other courts. But has anyone ever heard of contempt of court leading to jail time in family court?

[scraps66]

I have not and I ahve not faired well in contempt court with petitions I have filed.  I have witnessed bench warrants issues in contempt and family court, so would say yes.  As time went on, I had made some observations in my courthouse.  The contempt court room was manned by a particularly crazy female judge.  She was AWFUL.  Didn't have control of the court room and made really weird and bad statements during the cases I witnessed and in my own.

My first contmept petition included my ex playing games with the phone access clause.  Basically not answering the phone when I called.  This judge's way of dealing with this, after objecting to even hearing this contempt, was to eliminate the phone access clause from the custody order claiming there is nothing a 4yo could have to say to a parent over the phone. 

It was at this time that this courthouse was short on judges and this one was brought back.  My theory, they put the bad judges in contempt court becasue these cases are already underway and there is less risk that a judge in contempt could make a really bad impact than if say they were in court determining custody. 

I think if you were to poll those on this board, I think you would only get a small percentage that have had great success in contempt court with a BPD spouse.  I may be wrong.       

[livednlearned]

I think if you were to poll those on this board, I think you would only get a small percentage that have had great success in contempt court with a BPD spouse.  I may be wrong.       

So when you file motions for contempt, you get a different judge? In my court, I see the same judge no matter what the issue is. So I've filed motions for contempt, and then the judge rules.

I'm filing a second motion for contempt on the same issue. The judge has already told us that he doesn't want to see us back in his court, and I think he will be doubly irritated. I'm just wondering if there is any teeth to his threats.

[coffee shop]

My experience with this has never resulted in jail time. 

[scraps66]

I wish my court was one where you see the same judge.  It would help the litigants and the court reduce the workload.  I've probably been in front of four judges and as many useless masters.  The same judge is good in that you can really demonstrate the trends of behavior.

[ForeverDad]

I've heard of it and read of it, haven't seen it.

Eventually you'd hope that jail might happen, and it could.  Meanwhile seek reimbursement of court and legal costs.  If the court is reluctant to do that then ask the court to award it to the children's education fund for college, that way it's the child who 'wins'.

Failure to pay child support is more likely to eventually get action.  I see the Row of Dishonor every time I walk into the local sheriff's office.  What a sorry bunch of characters there, to a great extent the photos don't make them look good, most look like ne'er-do-wells who skipped.  I don't see cultured well-to-do people on that wall.

[livednlearned]

I've heard of it and read of it, haven't seen it.

Eventually you'd hope that jail might happen, and it could.  Meanwhile seek reimbursement of court and legal costs.  If the court is reluctant to do that then ask the court to award it to the children's education fund for college, that way it's the child who 'wins'.

That's just it. I sought reimbursement of court and legal costs. Judge has ruled that N/BPDx has to pay my legal fees for our custody trial. He hasn't paid, so my L is filing a motion for contempt on Monday. During our hearing two weeks ago, the judge ruled again that N/BPDx was in contempt of court over the car title and house refi. My L drafted an affadavit.

N/BPDx will now owe me legal fees for two hearings. He is losing money from the refi of the house (blames me), and owes thousands to the parenting coordinator. My L is including that in the motion for contempt.

If N/BPDx does not pay my legal fees for the custody hearing, and we file a motion for contempt, I am wondering how many chances the judge will give him, and if jail is an option.

[HarmKrakow]

I've heard of it and read of it, haven't seen it.

Eventually you'd hope that jail might happen, and it could.  Meanwhile seek reimbursement of court and legal costs.  If the court is reluctant to do that then ask the court to award it to the children's education fund for college, that way it's the child who 'wins'.

That's just it. I sought reimbursement of court and legal costs. Judge has ruled that N/BPDx has to pay my legal fees for our custody trial. He hasn't paid, so my L is filing a motion for contempt on Monday. During our hearing two weeks ago, the judge ruled again that N/BPDx was in contempt of court over the car title and house refi. My L drafted an affadavit.

N/BPDx will now owe me legal fees for two hearings. He is losing money from the refi of the house (blames me), and owes thousands to the parenting coordinator. My L is including that in the motion for contempt.

If N/BPDx does not pay my legal fees for the custody hearing, and we file a motion for contempt, I am wondering how many chances the judge will give him, and if jail is an option.

Would that be a problem for you?

[livednlearned]

I've heard of it and read of it, haven't seen it.

Eventually you'd hope that jail might happen, and it could.  Meanwhile seek reimbursement of court and legal costs.  If the court is reluctant to do that then ask the court to award it to the children's education fund for college, that way it's the child who 'wins'.

That's just it. I sought reimbursement of court and legal costs. Judge has ruled that N/BPDx has to pay my legal fees for our custody trial. He hasn't paid, so my L is filing a motion for contempt on Monday. During our hearing two weeks ago, the judge ruled again that N/BPDx was in contempt of court over the car title and house refi. My L drafted an affadavit.

N/BPDx will now owe me legal fees for two hearings. He is losing money from the refi of the house (blames me), and owes thousands to the parenting coordinator. My L is including that in the motion for contempt.

If N/BPDx does not pay my legal fees for the custody hearing, and we file a motion for contempt, I am wondering how many chances the judge will give him, and if jail is an option.

Would that be a problem for you?

It would certainly up the ante on our conflict. It would for anyone, right? Even someone who didn't have a PD. If I had a say in what the consequence was, would I intervene and say no to him going to jail? I don't know. I'm maxed out on credit cards and had to borrow money from my dad, who isn't speaking to me right now. That was pretty awful. So part of me thinks let N/BPDx shoulder his share of this hell. He makes 5 times what I make, and my rent is higher than his mortgage. He has no legal fees because he is representing himself (badly). If I can figure out how to make ends meet, he certainly can.

Not to mention that if he's in jail, how does he work? If he doesn't work, how does he make money? If he has no money, how does he pay my bill, not to mention any bills?

But that's what they do with people who don't pay child support. The judge gave one guy 60 days to pay child support or go to jail. I'm just wondering if that ever happens.

[catnap]

Not to mention that if he's in jail, how does he work? If he doesn't work, how does he make money? If he has no money, how does he pay my bill, not to mention any bills?

If he doesn't comply by X date, couldn't you ask the court to order garnishment?

Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title 3 (CCPA)

www.dol.gov/whd/regs/compliance/whdfs30.htm

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt. Most garnishments are made by court order.

But that's what they do with people who don't pay child support. The judge gave one guy 60 days to pay child support or go to jail. I'm just wondering if that ever happens.

Our county does weekend jail time for non-payment of child support.  My guess is that this also includes garnishing paychecks.   

[sanemom]

I have had a friend who dealt with a PD ex whose ex got probation after several contempt charges.  I am not sure how bad the "probation" is for that ex, but whatever... .

It just seems these people get away with everything.

[Nope]

I think jail time is a pretty empty threat that the courts use. After all, it doesn't even solve the problem of you not getting the money. But I agree with others that said that asking for a wage garnishment is the most to be hoped for as long as the party in question isn't judgement proof.

In my case the BPD person isn't paying what she owes for contempt, and as a single mom with three kids there is absolutely no way jail time is going to happen. She is also judgement proof. So it'll be interesting to see what the judge decides to do.

[livednlearned]

Our county does weekend jail time for non-payment of child support.  My guess is that this also includes garnishing paychecks.   

Wow! I hadn't heard of that. I'm going to check and see if that's how they do it here in my county. Thanks catnap.

[Free One]

But that's what they do with people who don't pay child support. The judge gave one guy 60 days to pay child support or go to jail. I'm just wondering if that ever happens.

From my research, this happens when a parent who doesn't pay required support is proven to have had the money, but willingly did not pay the support. If they parent truly did not have the means or assets to pay the support, a judge may be less willing to assign jail time, specifically because it does take away the parent's ability to work. Although we have work-release in our area (they are allowed to leave for work each day), so that might impact too.

The judge's goal *should* be to impart the lightest punishment that will result in compliance. I think your ex has proven he is not motivated by money to comply. I hope a judge can see that.

[david]

I have been to court over a dozen times with my ex and have never been in front of the same judge. I expect it to happen soon since there aren't many judges left.

[modafinilguy]

Maybe I am out of touch, but my strong impression is men are much more likely to be come down hard upon and jailed than women.

Is this true?

[livednlearned]

Maybe I am out of touch, but my strong impression is men are much more likely to be come down hard upon and jailed than women.

Is this true?

It doesn't sound like it's all that common for anyone to be jailed in family court, at least judging from people's responses. And when jail time does happen, I'm guessing it's mainly a consequence for not paying child support. And men -- on average -- make more money than women, so child support probably is more likely to be paid by men than women.

Mostly, I think we see what we expect to see.