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Trouble.just was served with a Criminal Contempt of Court, Williamson County, TN. Non payment of Child Support (26 Counts).True.

Nashville, TN |

Non payt of CS, the amount is $88k. It is correct, I have been hiding my bonuses each yr & the bonuses are a part of the Court Ordered CS. I have also taken a withdraw from a Profit Sharing Plan, that was Separate Prop. in the Divorce, unless I took a withdraw while under a CS order then cons. earned inc., took out $200k-not included in 88k. Cont. Charges for not carrying Life Ins. for 5 yrs & not providing a copy of Tax Ret. for years 2006-2012. Should I do a Mot for Change of Cust. so my ex back off? Can I settle out of Court? Will I need to pay int? Never thought my ex would find out. I got remarried 2 years ago., my wife& I make about $360k yr. Ex is disabled, SSDI makes $26k, 2 kids. Have not paid for addt. needs for kids Will I go to Jail? Will I have to pay ex's Atty?Loss of DL

Will I have to pay the entire amount? . I also have one son in private school that I do not pay additional for, ex pays all. How fast am I going to need to pay? Can I be forced to sell a car or take a home equity loan. I know that the advice is going to be to get an Attorney, what type of Retainer will I have to pay? This is Criminal Contempt, will it be on my record? If I was to go in to court and I brought some money to try to stay out of Jail, about how much should I bring. If I get jail time, how much would it be? This is Williamson Co. and I have seen others go to jail for $1,400. All advice is needed.

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Attorney answers 1

Posted

You are right, you need an attorney NOW. Given your facts, you face jail along with a renewed order to pay. The judge could also find you in civil contempt and able to pay and place you in jail until you pay up (however long that takes).

It may be possible to work out a payment plan with your ex to get current and in compliance with other terms of your obligations and avoid a conviction or jail time. That will depend on your ex's willingness to work with you. I suggest you start exploring your options to get as much of the arrearage together as quickly as possible.

This answer does not constitute legal advice nor form an attorney client relationship. I am not your lawyer. If you have a legal issue in Tennessee you may contact me for a free consult.

Asker

Posted

The part with the ex is not going to work out. She has been asking me for two years to get my act together and provide the Life Insurance information and the Tax Returns. I could not give her the Tax Returns, because it would have alerted her to the bonus..one lie leads to the next. I started threatening her to take the children any time she would bring up the money, insurance, or tax issue. I told her if she did anything, that I would just take custody of the kids. Thats when she went to get an Atty. and a good one too. My threats to her are mentioned a couple times in the Contempt Petition. Our two sons have lived with her for nearly 10 years now and there have been no problems at all. I really cannot see a Judge changing a Parenting Plan to give me more time when all has been going well for 10 years, to have them come live with me, it would be an unknown situation for the Judge. Both of the children are thriving: Honor Students and Athletes. They are 12 and nearly 15, if I asked to modify my Parenting Plan would that take some money down. Also, for 17 months, I paid her about $800 less in CS because I knew that she could not afford an Atty-that is some of the Criminal Contempts. I do not see her wanting to do anything to help me. I also do not think there is a chance to modify the Parenting Plan, since even without me paying, she has managed to keep everything going. Also, my new wife made a very insulting comment about her in front of the children, and my ex will not discuss anything except the care of the children with me. What is a "Renewed Order to Pay". I am going to get an Attorney in the next few days. Is this a quick action or will it take a while to make it to court? Do you have any clue how much a Retainer is going to be for all of this? Thanks

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