Legal advice???

Look, i know there are deadbeat dads out there, and i am proud to say i am not one of them. I take care and maintain what i create. I believe that is what a MAN is about. Take care of what you create.

Anyways. Long story short, I own a landscape company and have lost 23000 in income from 2011 to 2012. What a hardcore adjustment by the way-financially. I paid 360 a month, it went to review and they wouldnt use my tax info, instead an average of what a contractor in my arena should make on average. It went to 530 a month and i quickly went into arrears, so they added 50 to payment now 580 to get arrears caught up. Well once it went to arrears they gave me a court date of the 28th of each month until caught up. If it was paid by court date, it continued to the next month,all is well.

In January i paid a check for 250 on 22nd and on 23rd i sent check for 330.Well friday the 25th rolls around and my case worker before leaving for home ,looked on support web-site and they hadnt cleared. So Mondays court date was on. I go to court, and judge TOLD ME I WAS IN CONTEMPT. Couldnt believe it. I told judge those checks are at central office and if they would look they would more than likely see. If not they will clear tonight by the latest. DA told judge there was no way they would clear by the even the 31st. I was found in contempt and they slapped me with an electronic monitoring device that i am charged 10 dollars a day for, for 60 days, pay 135 each friday for 60 days until purged. I called bank and the checks cleared while i was in court on 28th but because of post date on check they show as clearing, one on 24th, one on 25th.I called my case worker and she stated" if you think i have time to look on that website for 50 cases i have on monday then you are sadly mistaken. I said no just the people whos freedom is in the balance.
Now for 750 dollars i have hired a lawyer for 2 hours of his time who said quote. I have a fuzzy feeling inside the judge will set aside this contempt. SET ASIDE? That means i wasnt wrongly arrested all monies still due and it isnt on my record. WERE NOT MY CONSTITUTIONAL RIGHTS ABUSED. Can i do anything. If nothing legally, am i allowed to write a letter to newspaper at least and drag these people who have harmed me through the coals like they are trying to do to me. So set aside court date was set for 18th this monday. Lawyers secretary calls me and said family courts have "decided" to be closed for week of presidents day and to wear anklet another week. WHAT?
I live with the fear of them coming to get me for no reason, just to keep me in their corrupt system and suck more out of me. What can i do?? Why dont i have any rights. Why cant they strike contempt, instead of "set aside". set aside sounds like they are waiting in the shadows for me like they know ill be back or something.

It is probably important to note that i told slob case worker,DA and unhonorable judge my monetary situation, AND that my invoices go out on 15th every month and i dont even start getting invoice payments back until 20-21st, leaving me a 6-7 day window to get there payment.
I would so appreciate some worthy advice on this matter.
I was also told i needed to address judge as the honorable so and so. I had no idea at the time if he was honorable or not- (now i know)so i was calling him SIR. Isnt that enough. I am a baptist and in my mind there is only ONE HONORABLE JUDGE, and he isnt opressing, and raping the already opressed

The best advice I can give is to contact an attorney to find out the exact laws and options available to you in your particular state.

Asking for advice on an internet forum is not the best way to get the most accurate information.

reply to post by earthart


Didn't you already start a thread on this? IN fact I know ive heard this whole story before....

reply to post by vkey08

There has alot happened since i brought it up last. Felt like i needed to include past with present updates.If i didnt do it right i am sorry. Are you honorable ats police or something. Why not ignore versus complain just wondering, alot of folks didnt read first post. Is there an ats rule that i HAVE to revert back to other thread. If so once again i am sorry, didnt mean for you to be offended your eyes to go through repetition. You put the bracelet on and see if you dont look where you can to find help. Make no mistake about it. If i am posting wrong i apologize.

reply to post by earthart


Buddy, I surely do feel for you. The F.O.C. is a sham, and has no problem sucking a dad for all he is worth. I am done with them, after 19 years. The state of MI could care less if it leaves a guy homeless, even if he has a new family to support. Things have got to change! All those years of paying, while her new guy sat on his ass, playing video games and eating my kids food. God... Now I am all angry... What a sh*tty subject matter.

Good luck!

reply to post by vkey08


I am sure you have heard it before. It is all too common.
Common, and wrong!

reply to post by darkwingduck

My sons mom is rn and makes 55k a year and gets free health choice.I applied at 28 k last year and they would do nothing for me. I will tell you the bright side. The mom has agreed to 200 a month and papers have been drawn and signed. My plan is to smile the whole time that case worker and da have to reduce my order. Thanks for the understanding brother.
I know there are tons of deadbeats out there,and like you said something needs to be done to protect the people who do try and are responsible, and seperate the two!!

reply to post by darkwingduck

Im from Michigan also originally. Hope you are a wolverine and lions fan!

Originally posted by earthart
reply to post by vkey08

 

There has alot happened since i brought it up last. Felt like i needed to include past with present updates.If i didnt do it right i am sorry. Are you honorable ats police or something. Why not ignore versus complain just wondering, alot of folks didnt read first post. Is there an ats rule that i HAVE to revert back to other thread. If so once again i am sorry, didnt mean for you to be offended your eyes to go through repetition. You put the bracelet on and see if you dont look where you can to find help. Make no mistake about it. If i am posting wrong i apologize.

No I just found it odd that you didn't add to the initial thread.. Since the rest of the info that led up to all of this is in there, and it's hard to bounce back and forth..

Originally posted by earthart


In January i paid a check for 250 on 22nd and on 23rd i sent check for 330.Well friday the 25th rolls around and my case worker before leaving for home ,looked on support web-site and they hadnt cleared. So Mondays court date was on. I go to court, and judge TOLD ME I WAS IN CONTEMPT. Couldnt believe it. I told judge those checks are at central office and if they would look they would more than likely see. If not they will clear tonight by the latest. DA told judge there was no way they would clear by the even the 31st. I was found in contempt and they slapped me with an electronic monitoring device that i am charged 10 dollars a day for, for 60 days, pay 135 each friday for 60 days until purged. I called bank and the checks cleared while i was in court on 28th but because of post date on check they show as clearing, one on 24th, one on 25th.I called my case worker and she stated" if you think i have time to look on that website for 50 cases i have on monday then you are sadly mistaken. I said no just the people whos freedom is in the balance.
Now for 750 dollars i have hired a lawyer for 2 hours of his time who said quote. I have a fuzzy feeling inside the judge will set aside this contempt. SET ASIDE? That means i wasnt wrongly arrested all monies still due and it isnt on my record. WERE NOT MY CONSTITUTIONAL RIGHTS ABUSED. Can i do anything. If nothing legally, am i allowed to write a letter to newspaper at least and drag these people who have harmed me through the coals like they are trying to do to me. So set aside court date was set for 18th this monday. Lawyers secretary calls me and said family courts have "decided" to be closed for week of presidents day and to wear anklet another week. WHAT?
I live with the fear of them coming to get me for no reason, just to keep me in their corrupt system and suck more out of me. What can i do?? Why dont i have any rights. Why cant they strike contempt, instead of "set aside". set aside sounds like they are waiting in the shadows for me like they know ill be back or something.

It is probably important to note that i told slob case worker,DA and unhonorable judge my monetary situation, AND that my invoices go out on 15th every month and i dont even start getting invoice payments back until 20-21st, leaving me a 6-7 day window to get there payment.
I would so appreciate some worthy advice on this matter.
I was also told i needed to address judge as the honorable so and so. I had no idea at the time if he was honorable or not- (now i know)so i was calling him SIR. Isnt that enough. I am a baptist and in my mind there is only ONE HONORABLE JUDGE, and he isnt opressing, and raping the already opressed

edit on 2/16/2013 by earthart because: (no reason given)

edit on 2/16/2013 by earthart because: fear

OK, first off, no your rights under the Constitution were not violated. That's your first error, and a lot of other people as well thinking that you have a right to not be held in contempt. At the time of the court hearing, the check had not cleared, and it had to clear by that time, therefore by the rules you agreed to you were indeed in contempt. Is it fair? No not in the least. Is it legal, yes. They really do not care that you send out invoices on whatever day, and you only have 6-7 days to make your payment, if it's that much of an issue, you need to pay them in a Postal Money Order or some immediate type of payment, that doesn't take any time to clear, that way even if a check wouldn't clear the money order would..

Going to the paper is a surefire way of being held in even more contempt. There's a child involved and as such those hearings are sealed, and under gag normally, you go to the papers and talk about what's happening in a sealed hearing, kiss your business goodbye as you'll be spending at least 30 days in jail if not more.

reply to post by earthart


Wolverines, and Lions. Pay extra for fox sports detroit so I can watch the games!