Warrant for arest. will hubby go to jail?

WhatNow?_2-2

My hubby has a court hearing next month but he says he wont go.
I contacted the csa and asked if we could get another court hearing because hubby need more time to get his head round to go court but the answer was NO.
Will my hubby go to jail?
Can i convinse the csa to change the court date?
Please help.

Fran

There is a lot of info on Child Support Laws and you can get free legal advice through Community Legal Advice (England & Wales).

WhatNow?_2-2

thank you fran.
i contacted community legal advice but they said hubby failed to atend court hearing 3 month ago and now the judge will not be leniant again so hubby will go strait to jail.
he will not talk to me about his ex or his daughters. he says he wont pay but i dont know why.
we got married 7 month ago and until 3 months ago i didnt know he has children.
i dont want him to go to jail but he says he wont because they dont have our adress and they dont know where we work.
is it tru?

DX2

WhatNow? wrote: »

thank you fran.
i contacted community legal advice but they said hubby failed to atend court hearing 3 month ago and now the judge will not be leniant again so hubby will go strait to jail.
he will not talk to me about his ex or his daughters. he says he wont pay but i dont know why.
we got married 7 month ago and until 3 months ago i didnt know he has children.
i dont want him to go to jail but he says he wont because they dont have our adress and they dont know where we work.
is it tru?

I must say I feel very sorry for you OP, you say you didn't even know your husband had children until 3 months ago I assume that was when the first hearing came about. He has no choice legally he has to support any children he has and sticking his head in the sand is no help to anyone.

Him saying he won't go to jail because they don't have your address or know where he works is just stupid I'm afraid, think about it how did the csa manage to issue a court order

Sensemaya

I have to agree with DX2. I feel very sorry for you OP because I wonder what else hubs is keeping secret from you.

However, I don't think he will go straight to jail this time as the Judge will probably give him another chance. I would advise your hubs to contact the Court direct nevertheless and state he cannot make the appointment and ask to re-arrange the date.

The CSA are not going to go away and he is just delaying the inevitable. I would advise him to attend. In the meantime demand the CSA provide a complete account breakdown of what hubs should be paying for his child (ren ) and the amount of arrears he currently owes. I suggest he starts saving up and tries to come to a sensible agreement with the CSA to pay off arrears. This will look favourable in the Judge's eyes.

borders_dude

WhatNow? wrote: »

My hubby has a court hearing next month but he says he wont go.
I contacted the csa and asked if we could get another court hearing because hubby need more time to get his head round to go court but the answer was NO.
Will my hubby go to jail?
Can i convinse the csa to change the court date?
Please help.

I myself am a NRP and have had ongoing problems with the CSA. I have lots of sympathy for most NRP's.

But, Im affraid I have little sympathy for your husband as he doesnt appear to want to help his situation and get things sorted out. There really is little reason for not turning up at court when required to do so under the law of the land. Whether he wants to go or not are irrelvant and he shouldnt be let off not attending.

I really hope that he gets some good quality advice about this issue but the decision to attend is down to him in the end. I hope he goes. The Courts will not be impressed if he cant be bothered to attend.

I have sympathy for the OP. It was possibly a slight shock for your husband to start revealing the secrets that he had so diligenty kept from you. I always though marrage was a place for trust, openess etc; Clearly not in your case though! Hopefully no more surprise revelations for you!

kelloggs36

If he failed to attend the last hearing and fails to attend this one then a warrant for his arrest will be issued. NOw it depends on the court whether it is with or without bail - with means he gets it adjourned and will have to attend next time or he will definately be detained for the hearing (usually overnight). If they do without bail then he will be arrested and put in a cell until the following morning when they will hear the case. He isn't doing himself any favours by refusing to deal with it as they are likely to be harsher on him.

WhatNow?_2-2

Thank you for your replies.
Im not looking forward to next month because i know my hubby wont atend court. I live in fear of the police knoking on my door. Will the csa find out where my hubby lives if the mortgage is in my name but not his? I read on other threads that they can sell houses to recouperate money? will they sell my house?

Pee

Almost definately, the police will be able to find him, because there will be a bank account registered at that address, a mobile phone, on the electoral regisiter... they would have access to any of this, if they wanted it or felt it was important enough.

I am sure that he has a good reason for not wanting to deal with the situation, but it isn't a good enough reason. Whatever his ex did, he needs to deal with the courts in a proper way. Not turning up to court makes the judge think he doesn'tr have good reasons for not paying and that he is a !!!!less man running away from his responsibilities. I'm sure this isn't the case, but it is how the judge is going to see it - and he can't withhold judgement until he hears your husband's side of the story, because your husband isn't willing to tell it him.

He needs to get advice or as much information as he can and attend court.

They did not ought to take your assets into account, but you really do need to get your husband some professional advice on this, maybe the CAB, maybe a solicitor.

Donedoingdebt

WhatNow? wrote: »

Will the csa find out where my hubby lives if the mortgage is in my name but not his?

I can't see how they won't find out where he lives!. He's been contacted by the courts, so the CSA may use this as a confident address.

Whilst they may not take your income into account for his child maintenance payments, because he hasn't & won't attend court, they may issue him with an interim payment amount which could be very high, which could well impact on your income.

MrsTinks

WhatNow - they WILL find him... it may not be now, next week or next month... but one day they'll find him. If he has a car then a random roadside check could see him "nabbed" and possibly even going through a pasport control (I think they flash up if someone is trying to leave the country and have an active warrant against them- I freely admit I could be wrong on that one though!). If his ex ever finds out where he is then she'll no doubt shop in in a heartbeat (I would!) and so on and so forth... YOU may be charged with obstruction of justice - maybe pointing that out to him will make him realise that there are other people to consider and who may suffer...

As for not telling all... my stepmother didn't know my dad had another daughter in addition to me. My sisters mum had refused access for about 14 years and we never anticipated being allowed contact (dad had been applying for access every year since my sister was about 9 months and been refused) - suddenly my sister got in contact and dad had to tell his pregnant wife that he'd been married more than once and actually had another daughter - whilst coming to terms with my sister being in contact and the issues she had etc.
He however had paid religiously so there was never any question of court or jail...

Right house... if the house is in YOUR name then I think it's highly unlikely that they can touch it. If the house is in joint names then it would be at risk yes... as would ANY joint savings...

Tell him to grow a pair and own up to being a dad. My father wanted access to his daughter for many years but wasn't allowed... he still paid up for not only her but also her half sister, my step sister... wanting to make sure they had food on the table and clothes on their backs...