If a person is arrested for back child support and then pays it off, should the District attorney still prosecute that person and push jail time? Even if the person was injured in a war, and is disabled and that is the reason that person wasn't paying there support because it took the VA two years to fix that person's injury.
2006-12-05 05:57:26 · 15 answers · asked by Tina 3 in Politics & Government ➔ Law & Ethics
No, I don't think so really....... I am assuming this is the father.... If the DA decides to pursue, which I can't imagine why he would, I think if the mother testifies on behalf of the father, the judge would be hard pressed to rule against the father.... especially in today's politically sensitive environment.....Worst Case scenario, go to a local TV station and let them get wind of the story.....It will be a nationwide story within a few days!
2006-12-05 06:02:04 · answer #1 · answered by favrd1 4 · 0⤊ 2⤋
I feel really sad that this person got hurt in a war to defend our country. What makes me even sadder is that the person's child suffered as well. There is no excuse for NOT taking care of your child, and though it wasn't stated how many years or months had been missed, HOME COMES FIRST. YOUR CHILD COMES BEFORE ANYTHING ELSE. Talk to the single mom out there taking care of a child on her own, she will break her back, sell pencils on the curb at the stop light and go without before she will let her child do without.
All that said, IF he has paid all of the back child support, and IF he is current, I would at least put him on a probationary period for a few months to be sure that he shows a pattern of being on time. That is the break I would give because he has a disability and ONLY because he has already paid. Sorry, hope I didn't come off mean. I just have really strong feelings on this subject.
I don't appreciate a person who makes excuses (hopefully this person isn't doing that), no one does, but a child won't understand why daddy wasn't there for them to help with basic needs.
2006-12-05 06:16:07 · answer #2 · answered by volkgal 4 · 1⤊ 0⤋
It really depends on the circumstances. Is the person making a concerted effort to pay? Does the person have a valid reason for not paying? Did the person notify the court and/or the recipient of child support that there was a problem? In the scenario you mention, most district attorneys would not be inclined to prosecute. However, you may get a D.A. who moves forward if the disabled veteran basically "blew off" his responsibility to pay child support and is now claiming inability to pay after the fact. People who are ordered to pay child support have a duty to pay, and if they can't pay the ordered amount for any reason they have a duty to show good cause for failure to pay in a timely fashion AND they also have a duty to exercise due diligence in fixing the problem.
2006-12-05 06:05:35 · answer #3 · answered by sarge927 7 · 1⤊ 0⤋
Even though the reasons are valid, the state still put time and money into the first arrest and had to arrest the person before the back support was paid. So they may still prosecute. But the judge may be more lenient for the reasoning behind the back child support.
2006-12-05 06:08:57 · answer #4 · answered by Reese 1 · 1⤊ 0⤋
No, and I really wonder about the motives of a DA that did that. Criminal contempt for child support should be the last option that is considered for a number of reasons (lowers earning ability as well as employability). If it's paid, that should be that.
The only reason I could think of criminal prosecution is if there was a large arrear still there or this was a multiple evasion of child support.
2006-12-05 13:37:34 · answer #5 · answered by John F 3 · 0⤊ 0⤋
This is a family court issue. The offense did happen, even though it has now been taken care of. The person charged will have the opportunity to show the reason or reasons they fell behind on the support payments. They should have gone to the court and asked for a reduction before it got to this point.
2006-12-05 06:10:16 · answer #6 · answered by FastDyna 2 · 0⤊ 0⤋
Yes. Why should your child suffer? Are you telling us that you did not receive disability, social security or any VA or military benefits? The military does not release you from your contract if you are injured without some sort disability or compensation. You will probably get probation. Hopefully you learned your lesson... Children come first.
2006-12-05 06:17:14 · answer #7 · answered by Bookworm4124 3 · 1⤊ 0⤋
Yes Child support is the most important thing. He still would have had disability pay. If your going to have kids you have to pay sorry but it's not the kids fault that daddy didn't wear a condom
2006-12-05 05:59:07 · answer #8 · answered by keith s 5 · 1⤊ 0⤋
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2016-11-23 18:22:01 · answer #9 · answered by ? 4 · 0⤊ 0⤋
doesn't sound like a case the DA would want to pursue in court. A capable attorney could negotiate a settlement, like hours of community service and probation, if the DA persists.
2006-12-05 06:00:32 · answer #10 · answered by Steve P 5 · 0⤊ 1⤋