Arrest Warrant

This is a discussion on Arrest Warrant within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; I am in the middle of a divorce. November 1st, 2011 I was dismissed from my job of 17 years and now collecting unemployment insurance compensation of $238 per week. ...

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  1. #1
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    Arrest Warrant

    I am in the middle of a divorce. November 1st, 2011 I was dismissed from my job of 17 years and now collecting unemployment insurance compensation of $238 per week. From Novemeber 1st I have been paying ($1334 per month) COBRA with severance pay and savings. I am the plaintiff as I filed for divorce. February 14, 2012 I was asked to attend a Pendente Lite hearing regarding emergency Child support. There was no final outcome to this hearing. The judge asked to complete a form indicating my current income. I completed the form with the money I am making from unemployment and indicated that I am also paying for the COBRA insurance.
    I told my wife I was unable to pay for the insurance for March. I received a call from her today and she told me that she was going to have a warrant placed for my arrest. The pendente lite hearing had no out come. I have not received any notification of a new hearing.
    Can I be placed under arrest for not paying the health insurance without an order to pay that from a judge?


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    Not likely. Sounds like she is just mad and threatening you as there is nothing else she can do.
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    Relax. You will not be arrested. Having said as much, the family court is generally one sided against ex husbands and fathers or in favor of ex wives and mothers if you will.

    Even though the "tender years doctrine" is antiquated and "Woman's Liberation" has created a typical two income household, it is the husband/father that will take the brunt of a divorce settlement due to tradition. The Court is very slow in accepting equality of husband and wife in Divorce situations.

    I can't begin to count the number of cases where a father has asked for custody of the children and his own attorney laughed stating "you don't have a chance with this Judge". Wives/mothers know this which is why they are so ready to bring the shlub into court, holding this iron weight over the schlubs head. I am talking the average hard working schlub, not the wealthy gentleman who is ready to screw his own mother with a battery of attorneys.

    For instance, under the CSSA (child support standards act), the father must pay a set amount like 17% of gross pay for one child and 25% for two children and so on. Soo, if you earn $1,000/MO. you must pay $250/MO. in child support plus medical and so on. Lets suppose you lose your job and go on unemployment at $400/MO. Naturally, you reduce your payment to the ex to 25% of $400 or $100/MO. Afterall, you have the records and can produce them.

    WAIT! You can prove the reduction and you are paying the fair amount of 25% of your gross wage. Your ex sues you for arrears - she wins. Why? the CSSA is LEGALLY OPERATIVE. That is, unless you notify the court of the loss of income, you are held responsible for the original amount whether or not you are telling the truth. Kind of like "No Fault". You are guilty whether or not you are at fault.

    I was reading a case where this fellow went to court twice to reduce support due to a job loss. The Court failed to act on his plea, his ex wife sued for arrears, he went to court to defend and was immediately arrested and taken to the County Jail. This stuff is not of jokes. It happens in family court because family court is kind of a "hands off" court (private family situations).

    I suggest that a father who is truely sincere contact a "Fathers Rights" Organization which can lead you to attorneys who specialize in defending fathers. For instance, most folks and even attorneys are not aware that the ex who wins arrears in family court may be sued in civil court for back charges and over charges. That is, the purported arrears are recoverable.


 

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