I am going to childrens week!

Replies to This Discussion

Permalink Reply by Tammy F on March 17, 2009 at 10:33am

It's almost time for you to go :)
My biggest frustration with CSE right now (besides not getting support) is the whole situation with my daughter's father not having any writ on him because they don't have a valid address. He tried to get his license back in January (per a recent conversation with CSE.) If he had a writ on him as he should, maybe they would have incarcerated him for the crime that he has willingly commited. I am going to research the difference between writs and warrants and write my concern for Rhonda Storm. The solution will be something along the line of the laws being changed so that a warrant should be issued (not a writ) and that there doesn't need to be a deliverable address for the warrant to be issued. I am sure that if someone has a warrant for grand theft or something like that, it would be issued without positive postal address verification. I will work on that ASAP.

Thanks,

Tammy

▶ Reply to This

Permalink Reply by Tarah on March 19, 2009 at 5:13pm

You mentioned if someone has a warrent for grand theft..they would have a warrent...and you are 100% right.

▶ Reply to This

Permalink Reply by Tammy F on March 17, 2009 at 1:46pm

Writs vs Warrants
Based on Florida 2008 Statutes, this is what I gather so far:
61.11 Writs.--
(1) When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against the party or the property and make such orders as will secure alimony or support to the party who should receive it.
(2)(a) When the court issues a writ of bodily attachment in connection with a court-ordered support obligation, the writ or attachment to the writ must include, at a minimum, such information on the respondent's physical description and location as is required for entry of the writ into the Florida Crime Information Center telecommunications system and authorization for the assessment and collection of the actual costs associated with the service of the writ and transportation of the respondent in compliance thereof. The writ shall direct that service and execution of the writ may be made on any day of the week and any time of the day or night.
Warrants
901.02 When warrant of arrest to be issued.--
(1) A warrant may be issued for the arrest of the person complained against if the trial court judge, from the examination of the complainant and other witnesses, reasonably believes that the person complained against has committed an offense within the trial court judge's jurisdiction. A warrant is issued at the time it is signed by the trial court judge.
(2) The court may issue a warrant for the defendant's arrest when all of the following circumstances apply:
(a) A complaint has been filed charging the commission of a misdemeanor only;
(b) The summons issued to the defendant has been returned unserved; and
(c) The conditions of subsection (1) are met.

Crimes
827.03 Abuse of children
827.06 Nonsupport of dependents
(2) Any person who willfully fails to provide support which he or she has the ability to provide to a child or a spouse whom the person knows he or she is legally obligated to support commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
775.082 Penalties; applicability of sentencing structures
(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year
(3) Any person who is convicted of a fourth or subsequent violation of subsection (2) or who violates subsection (2) and who has owed to that child or spouse for more than 1 year support in an amount equal to or greater than $5,000 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

775.082 Penalties; applicability of sentencing structures
(d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

I see that my situation definetly falls under a misdemeanor of the first degree. So my daughter's father should have a warrant issued since his summon would be returned unserved because they do not have a "good" address the summons should be sent to his last known address.
Now I will work on my letter to Rhonda Storm "suggesting" they follow the guidelines on every case that they apply too. That's why the laws are there right?

▶ Reply to This

Permalink Reply by Tarah on March 19, 2009 at 5:05pm

In my case the most recent activity is this guy's probation was transfered out of state and so I guess the child support is now also with 2 states...making things more complicated.
I would like to add how can someone go to jail 3 times and not have DNA done in child support cases. Someone told me DNA is taken everytime you go to jail..is this true?

▶ Reply to This

Permalink Reply by Tammy F on March 19, 2009 at 5:41pm

I just confirmed this with my boyfriend (he works in juvenille justice.) Once convicted of a felony the State of Florida takes a dna sample and puts it in there FDLE DNA Database FDLE .
I can't believe you are still waiting on this DNA test. This is just ridiculous.

Tammy

▶ Reply to This

Permalink Reply by Tarah on April 30, 2009 at 9:46pm

Thanks for the info. I will be calling the number to the link. =)

▶ Reply to This

Permalink Reply by Tarah on May 3, 2009 at 1:20pm

Yes, I completely agree. Don't give up cause I know of a friend that put a guy in jail for failure to pay child support. He's served 2 years.

▶ Reply to This

Permalink Reply by Robin on April 17, 2009 at 9:38pm

sorry this is a bit late, but maybe you can use it another time.

House arrest should be mandatory upon 2 months behind in CS.
The offending CS neglectful should be required to only leave house for work purpose .
Driver license suspended, but can use for work purposes only.

BenchMark:
we as parents that have the added responsibly to cover or try to make up the financial difference due to financial abuse caused by the offending CS neglector, don't leave the house but to work or care for our kids. The same sanctions should be emulated.

▶ Reply to This

Permalink Reply by Tarah on May 3, 2009 at 1:16pm

..

▶ Reply to This