2006-10-11 07:36:59 · 16 answers · asked by RainingInMyHead 1 in Politics & Government ➔ Law & Ethics
I am already a single mom from my first marriage and also was on unemployment for about 6 months in Texas; therefore, i could not pay the child support. In addition, I'm the one that buys her clothes and takes her on outings, not the custodial parent.
2006-10-11 07:49:00 · update #1
What is an arrear
2006-10-11 07:38:37 · answer #1 · answered by D.J 5 · 0⤊ 3⤋
5k in arrears can't just sneak up on you, you obviously would have known and perhaps ignored the repeated requests for payments. Most companies would have been happy to negotiate a payment plan had you contacted them to discuss such an option. I'm assuming that you didn't since you've now been served with court docs. This will be taken into consideration unfortunately.
You will be ordered to repay all monies owed. At best, the courts will generally allow for financial hardships, if you can prove them and may come to an arrangement for payment by installments. I believe you will also be required to pay court costs for both yourself and the other party.
It may not be too late, contact your financier and ask if its possible to negotiate a repayment plan rather then go through the court process. You will need to sit down and go over your personal budget and finances thoroughly, so you can approach them with a FIRM and reasonable offer...good luck.
2006-10-11 14:46:15 · answer #2 · answered by mildly_adiktiv 2 · 0⤊ 0⤋
Well, the things you buy her or take her to have nothing to do with child support. One would ask if you are doing them and can afford to why aren't you properly using that money to pay the support.
Any court or judge will look at those things as gifts, not as support. They are right. If my ex bought the kids clothes all the time, there wouldn't really be as big a need for me to buy them too, so I may not. However that wouldn't replace her child support obligation, it would be her not speding her money wisely.
You know it is annoying when non custodials buy stuff for kids and don't pay their obligation. You try to be the kids hero by taking them shopping and on outings meanwhile their primary home lacks due to your irresponsability.
The outlook isnt good, however it is likely the judge will take mercy on you because your female, and you won't go to jail.
Here is an idea, get your life together, that is what your kid really needs.
Oh, and do the world a favor, please get your tubes tied.
2006-10-11 14:39:11 · answer #3 · answered by David W 3 · 0⤊ 1⤋
You will go to court where the person you owe will provide documents showing you owe this money. You will have to pay this amount within a certain period of time. You didn`t say what you were in arrears with. If it`s a car they could take the car.
2006-10-11 14:43:00 · answer #4 · answered by Hamish 7 · 0⤊ 0⤋
Your served to appear in court because the $5K is up for Judgement.
Now at this point you can go to court and try to convince the Judge to let you make payments and bring your proof as to why the payments were chosen as little as it may be.
The company can agree or disagree.
Now if you choose to not go to court then the Judgement will be against you for the full amount and entered into your credit report and there it stays until paid.
I would suggest to go in Court and present your case this way, you can prevent it from being entered in your credit report and if you default one payment your screwed and it goes against your credit.
2006-10-11 14:41:34 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Hamish is right. These other people maybe wish the US sent people to prison for inability to pay, but they do not. It just becomes a court appointed obligation to pay. The court will monitor. If you do not pay then, it will be contempt of court and that IS a jailable offense (although for $5K and no previous record you'd probaly get community service). Explain yourself, they'll come up with somethign fair.
2006-10-11 14:53:32 · answer #6 · answered by jgbarber65 3 · 0⤊ 0⤋
Show Cause hearing just for you!! You get to tell the Judge your finacial sob story or you blow it off and get the ole warrant issued-which is statewide. You get arrested and it'll probably cost a grand to get out of doing thirty days. Here's the upside--they can only give you 90 days a year for arrears so if you've got the time....
2006-10-11 14:40:17 · answer #7 · answered by scottyurb 5 · 0⤊ 0⤋
Doesn't matter. If you are responsible for paying child support, and you didn't, you could be forced to pay what you owe, plus court costs and fines and/or spend time in jail. Child support is different from normal debts, as it is court ordered. They can't put you in jail for normal debts, but they can hold you in contempt of court for not paying the court ordered child support and put you in jail for it.
2006-10-11 15:16:23 · answer #8 · answered by Blunt Honesty 7 · 0⤊ 0⤋
READ the court docs. That should explain what will happen. If it is a business they can sieze property to pay for the debt.
2006-10-11 14:40:34 · answer #9 · answered by Bistro 7 · 0⤊ 0⤋
You could be held in contempt of court and sentenced to jail (worst case scenario) or your payments could be altered to include an additional monthly amount to cover the arrearages (best case scenario)
2006-10-13 16:50:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Your being sued for the money and if you do owe it you will lose! You will also owe court costs on top of that. If I were you I would strike a deal and avoid court
2006-10-11 14:39:51 · answer #11 · answered by ? 5 · 0⤊ 0⤋