My fiance has a 2 year old son that lives in another state.He have child support for over $5,000 and got a petition of contempt. We called and Lady handling the case of back child support told us to bring a x amount of money ( which we have managed to get and show up for the court date? With giving the x amount of money and is about 1/3 of what he owes... will this be enough to keep him out of jail. this is the first court date he has ever had.
2006-07-27 08:16:19 · 16 answers · asked by Dee 2 in Family & Relationships ➔ Family
Depending on the State you are in and the discretion of the Magestrate/Judge. Normally, if you bring a certain percentage showing that you are making the attempt to pay the support, in a cashiers check or postal money order (keep all the reciets), that should keep him at least out of jail, but he will be under obligation to continue making child support payments until the child is of age, which is 18, so if the child is two years old, the support will stop 16 years from now. Also, bring an employment letter head from your jobs stating where you work and have the employers write down your salaries. That information will save you a lot of trouble, it will show the judge that you have a stable income and that you were honest enough to show proof that you are working.
If he wants, have the courts garnish it out of his check, this way, it will be automatically taken out. But do not try to get out of paying the support, because they can easily find you in there cad once you start another new job or relocate elsewhere, the courts can issue a bench warrant for his arrest, that would be worst. (they can even suspend your drivers license).
The next time the lady you spoke with ask you to bring a certain percentage to pay to court for child support, make sure she gives it to you in writing, so you can present that to the Judge, incase he ask you why are you only paying a certain amount.
(Get it in writing) never take a person's word, have her put the amount in writing so he would be covered!
2006-07-27 13:53:30 · answer #1 · answered by cherrypopsickle2000 3 · 7⤊ 1⤋
it depends on the state. but if they asked for "x" amount of money to be brought with him to the court date, most likely he will not go to jail. putting a father in jail for back child support doesn't pay the money off, and that is the goal.
your fiance should make payment arrangements on the back balance and make his other payments ON TIME to avoid any further problems.
child support is a much needed thing for a single parent. shirking your duty is not good for the child!
2006-07-27 08:23:22 · answer #2 · answered by arianrhod31265 2 · 1⤊ 0⤋
Yeah. He should be okay. The judge just wants to see that he is making the effort to pay and take responsibility. If he is and he can prove it then he should be fine. Always keep record of everything he buys for the child or any money he gives the mother if it's extra money past the child support every month. Always cover your a$$ with documentation and proof.
2006-07-27 08:24:37 · answer #3 · answered by mother_flower 3 · 0⤊ 1⤋
as long as he follows the payment plan he'll be alright --- but he needs to keep current with child support.
I wouldn't marry him if he owes back support for his child --- this behavior is a sign that he lacks control of his money or work ethic... you could end up continuing to help pay his child support --- he's responsible for that - not you ---if you are helping him pay the support - don't do that! It maybe the reason he is with you!
2006-07-27 08:20:50 · answer #4 · answered by jaimestar64cross 6 · 0⤊ 0⤋
It should my husbands ex wife owes him over 6000 in child support and she goes in and pays 100 and gets out and she is in court a few times in a year over child support
2006-07-27 08:37:16 · answer #5 · answered by sashaaspen 4 · 0⤊ 0⤋
PLEASE see a lawyer!
My fiance's ex filed after the youngest turned 19. She then went in front of the judge and claimed my fiance never paid her a dime even though we had over 10 year's worth of cancelled checks and money order receipts. 3 years, 4 lawyers and over $20,000 later we're still fighting to clear his name and balance the books.
After the court date, make sure he keeps on time with the payments to prevent backlashes in the future!
2006-07-27 08:24:23 · answer #6 · answered by dragonwing 4 · 0⤊ 0⤋
First of all, does he have a good reason for not supporting his child? That in itself just screams "RED ALERT" to a bride-to-be. Are you planning on having children of your own with him. Just think about it for a minute. If he's not taking care of the first child he's got, what makes you so certain that he'll take care of you who's not his flesh and blood or any of your children. I'd just rethink this one if I were you and maybe let him get his act together before dragging you into this one. I've seen it, lived it, and can tell you from experience, it's a red flag sent by God himself for you!
2006-07-27 08:24:13 · answer #7 · answered by DD 1 · 1⤊ 0⤋
like... very likely. My gf's youngest brother just got outta jail for non payment... sorry bastard...lol, he served about 26 days until they could come up with at least $700 of the $1800 he owed. Sometimes it takes a few months before you actually serve the time but eventually they will get ya!
2006-07-27 08:21:33 · answer #8 · answered by xxx SiT On My North Pole xxx 3 · 0⤊ 0⤋
the state takes a very severe view on child support...but as long as he is complying with the case rep's recommendations he should be able to avoid it...after all, cant earn money to pay child support if you are in jail
2006-07-27 08:20:22 · answer #9 · answered by susuze2000 5 · 0⤊ 0⤋
I saw a kid get his arms and legs shackled in MA while I was in family court, because he only paid about half of what he owed in child support, and the woman basically said, if he doesn't have it all, then f*** him...
2006-07-27 08:22:10 · answer #10 · answered by Jay 2 · 0⤊ 0⤋