my bf has a kid with someone who he hasn't had contact for 7 years and has never seen this kid, he's suppose to be paying child support but hasn't been doing so. He said they can't put him in jail, when he went to court i guess he quoted a case which helped him not go to jail for not paying, so what can they do? he says he owes like 25k now. Can child support take $ some other way. i dont really know much about child support and don't know if my bf is telling me the whole truth. i'm sure he's not sendign the payments. any info on this subject will help. thanks
2006-11-13
09:39:11
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31 answers
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asked by
sexy-cecy
3
in
Family & Relationships
➔ Marriage & Divorce
forgot to add, he doesn't have a bank account so they cant take money that way, and doesn't make too much money.
2006-11-13
09:50:34 ·
update #1
we live in california
2006-11-13
10:41:12 ·
update #2
Well, it varied by state, but there is always SOME consequence. Here in California, you can have your wages garnished (where they take money out of your paycheck), and you can even have your license suspended.A delinquent obligor may face contempt-of-court charges and civil penalties. Criminal sanctions can include a jail sentence or a fine, but these punishments are used sparingly and for repeat violations. Prosecution may proceed on a misdemeanor or felony level, depending on the circumstances. In addition, federal prosecution may occur for a parent who crosses a state line to avoid paying support.
Tell him to get an attorney and to PAY HIS CHILD SUPPORT! Don't let it get any worse!
2006-11-13 09:43:24
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answer #1
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answered by Mrs.Gaddis 4
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Depending on the state he definitely can go to jail. If the court feels he is trying to avoid paying support they can issue an arrest warrant and he could do time.
Sounds like you need a new boyfriend. If he is doing this to a child he knows is there what do you think he will do if you two have children and he decides to split?
As for the bank account information, they do not need a bank account to get their funds. If not already, a lien will be placed on him so anytime he files taxs he will not get a return. If YOU decide to marry this guy and file jointly, YOU MAY NOT GET A RETURN. Also Child Support Services finds out he is employed they can garnish up to 1/3 his paycheck for current and back child support and if you 2 ever happen to open a checking account together they could freeze your/his funds until they determine how much of the money is his. Basically, involving yourself with such a person seems like bad news.
2006-11-13 10:34:37
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answer #2
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answered by www.treasuretrooper.com/186861 4
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Most states now have a child support collection agency that receives a copy of the awarded amount from the courts along with other pertinent info and they usually garnish that amount out of ones paycheck. They can also attach to anything monetary like tax refunds, cash prize awards to satisfy any arrearage if needbe. The thing here is guys try to be smart and get paid under the table but the arrearage mounts with the collection agency and notifies the court which in return issue a table warrant which leads to eventualarrest of the guy for non payment and goes to jail. Once the courts award the amount they dont care how the guy comes up with the money, just as long as they pay it. And this will follow you anywhere in the world. A deadbeat dad is almost worse than a killer in the courts eyes and thats why they are taking this so serious and even award back amounts to children who sue their dad later in life for money owed
2006-11-13 10:26:21
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answer #3
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answered by Arthur W 7
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Yes, they can take money away ....But only if he has a legitimate job in which he pays taxes ..They can garnish his wages in this case and they can get back support with interest this depends on where you reside and what the laws are .... It doesn't matter if there has been no contact with the mother or the child either unless the child has been adopted by another father or mother..... What they are doing is holding the person accountable for their abandonment..Everyone who donates sperm and makes a child needs to live up to their responsibility! Happens all too much and I think it's time for some men to keep their slimy lizards in their pants!
2006-11-13 09:53:14
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answer #4
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answered by blahblah 5
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I am 13, and don't know that much but here's what I DO know:
Yes, he can and will go to jail if he doesn't pay child support. It's the law, honey. My dad went to jail for not paying. They'll let him out, but he has a limited time to pay, before they put him back in.
The court people might let the first few years of child support slide, but he better start paying thsi year, or he'll be in BIG trouble.
2006-11-13 09:44:15
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answer #5
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answered by Anonymous
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What happens if he doesnt pay? Well first & most importantly the kid suffers. Someone else is paying his share of the upbringing of a child he created. And why would you even want to be with a loser like that? Punish a child he caused! But other than that they will find him eventually and he will lose his drivers liscence snd then they will garnishee his wages probabley $50.00 a paycheck until its all paid off. Remember this though, Without a drivers liscence he needs you to take him everywhere & he wont keep a job! Been there done that. Think with your head not with your heart!
2006-11-13 10:15:47
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answer #6
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answered by Ann 1
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Hello'' well if you went to court to obatain a court order to have him pay child support. He is required and should be paying you child support. And if he fails to do his child support obligations it will continue to add up more and more he will owe you in whats called back support that you will be intitled to recieve from him. If it adds up beyond a certain amount or if he refuses to pay after so long he could be sent to jail. Or serious further action would then or could be taken to rightfully collect the support that is owed to you. Thank you, i hope this helps.
2016-03-19 07:26:53
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answer #7
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answered by Anonymous
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okay..here's the steps that Child Support Services takes.
Case is opened. He is served. Hearing is set. Court order is filed with child support amount.
if he doesn't pay, they will garnish his wages. they will put a lein on his income taxes both state and federal. if he still refuses to pay, such as quitting his job and such, they will suspend his license (which he can go to jail for if he is caught). then if he still continues to not pay, he can go to jail for violating a court order.
and keep in mind, all this can happen in the time span of 1-2 years depending on how quick the state is.
so to say he hasn't paid for 7 years.....sounds like he has a warrant out for his arrest somewhere. something is kind of shady....there is something he is leaving out. but um....why would you want a man that makes it very open to you he refuses to take responsibilty? i hope you aren't planning on marrying this guy.
2006-11-13 09:57:04
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answer #8
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answered by Bella 5
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ALL of these posters here are correct. You get no easy way out on this issue. You father a child, you pay. AND, just because your kids reach 18, doesn't mean all your running away from responsiblity goes away.....YOU HAVE TO PAY ALL BACK CHILD SUPPORT IN FULL TO THE CARETAKER (Usuallly the mother).....He can pay now, or later, his choice....but he will have to pay.
Why do you want a guy that doesn't support his Kid?????
2006-11-13 09:50:04
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answer #9
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answered by Anonymous
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first he has to prove that he either didn't know about the kid, or that he knew and tried to contact them. if he was unsuccessful then that might be why they didn't put him in jail.....and YES they can put him in jail....i did it to my ex for $10k....the jail part is really up to the judge.
child support can be taken from his pay check and tax return. if the mom is determined to get the support she can have the courts put a judgment on him for the amount owed and he will never be able to own anything of value like a house, car, etc....they will see he has a judgment. he will have to pay the support until there is a zero balance before the judgment will be removed.
the other question i have is...if he has a child why would he NOT want to support him. that's just messed up!!
2006-11-13 09:47:51
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answer #10
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answered by Get_R_Done_n_Dallas 3
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