"Joe" has had a subpeona for 4 court dates regarding child support. He hasn't come to any dates, but "joe's" father does, and has lied under oath about the whereabouts of "Joe". A witness happened to mention after the last court date that he knows where Joe lives (not where dad said he lived) and Judge overheard. The judge told the person awaiting child support payments she could issue a 'private subpeona' of some sort, and that after that, police could actually be sent to find Joe, instead of just continuing to court subpeona him, only to have him not show up in court again. Obviously Joe is hiding out to avoid payment, and is likely trying to get on Social Security disability to avoid further payment. Has anybody ever heard of this or can shed some light??
Thanks.
Answers:
go to the police station and file against him for contempt of court, you have a court ordered support right? he isint paying... therefore it is contempt of court, most people dont know they can just go to their local police station,but they can and if they have to push the cop to file the charges, "joe" is obviously stealing from his kids and now its time to pay up! if he then doesnt show up to court after the contempt of court(which he will get ticketed for) he will possibly get his liscence suspended, jail time,and his name and face posted all over for being a dead beat.if he does end up getting ojn social security, your children will also recieve a check monthly because he is "responsible" for them. good luck to you!
Well, it seems really dumb.
Also would never happen.
First of all, Joe's father can't make excuses for why his son is not in court. Unless he's dead or in prison, he has no excuse for flouting a court order, and the judge can and will drag him into court if he refuses to go willingly. That's what a subpoena is.
Secondly, (let's say that the judge didn't do that, which would never happen) the judge who overheard the statement about the real whereabouts of the person ducking the subpoena can not only issue a new subpoena, he or she can also send the sherriff or the police to that address to forcibly remove Joe and drag his deadbeat @$$ to court.
Thirdly, it's not the responsibility of the person awaiting child support payments to issue anything when there is proof that the person who was subpoenaed is disregarding it. It's a court order and the court issues and enforces it.
And lastly, there is no such thing as a private subpoena. A subpoena isn't a request, it's an order, and it's issued by a judge and in connection with a court case, and it's delivered in person to "Joe" by a sherriff's deputy. There are very few ways out of it, all of which need to be approved by the judge who issued it, and if Joe didn't get out of it legally, he would be dragged in and likely cited, maybe even arrested.
because family law is a private matter, the mother of the child must file the paperwork necessary to turn this into a criminal matter. that is what the judge is talking about. since he is not the attorney representing either side he cannot act until someone takes the request for him to do so. you can go down to your local courthouse. read all the forms. they will have what you are looking for.
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