My brother is almost $2,000 behind on child support. Thats about 5 months behind. He lost his job and couldnt find a stable one is why it hasnt been paid , its not because he didnt want to. My question is I know you can be put in jail for not paying, so how far behind do you have to be before that happens?
2007-01-19 06:21:26 · 17 answers · asked by bbwg_hbic 2 in Family & Relationships ➔ Marriage & Divorce
That depends on a lot of things, including which state and circuit you live in as well as which judge he gets. Regardless of whether he is employed or not, the amount is still due unless the order has been changed. What he needs to do immediately is to file a Motion to Modify the Child Support Order. He can do this by going to the circuit clerk's office and requesting a form to complete or by hiring an attorney. If he is out of work and $2,000 behind, it does not sound as though he has the money to hire an attorney. The good news is that in many states there is an organization which represents people for free (or on a reduced scale) when they do not have the money for an attorney. You should look up this organization (usually something like Legal Assistance Foundation in the title) or call your area bar association to find out where it is located. Regardless, it is very important that he get the child support abated or reduced until he can find work. Otherwise, he will have a huge amount of back support as well as possibly interest to pay. Good luck to him finding a new job and getting this taken care of.
2007-01-19 06:30:25 · answer #1 · answered by sandy 3 · 0⤊ 0⤋
It really depends on where you are. He should consult an attorney. More than likely what will happen is once he does find stable work his wages will be attached and he'll have to pay current support and arrears. He really needs to communicate with the support office and his ex about his circumstances and pay what he can consistenly to show good faith. It usually takes at least a good $30K-$40K before they will jail you.
2007-01-19 06:30:32 · answer #2 · answered by straight chillin' 3 · 0⤊ 0⤋
The state will probably end up taking his driver's license away first. If the mother goes after him, he can be put in jail for contempt and he would have to get a bond which would pay his arrears. Tell him to figure it out quick or he'll have the DCSS on his a**.
2007-01-19 06:25:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
don't know i had been paying every month until i lost my job 2 months ago and now i'm $1,400 behind and they told me that if i make a payment by next month i will have to go to court and probably get put in jail it;s not that i don't wanna pay it's just i can't find a steady job
2007-01-19 06:28:16 · answer #4 · answered by Anonymous · 0⤊ 0⤋
My ex is a few dollars shy of $25,000 behind. The DA in San Bernardino Ca. doesn't jail dead beats. His licence is probably revoked though. It goes through the DMV after they are 60 days behind.
2007-01-19 06:26:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It all depends on the state he owes the child support in and if the support is court ordered or voluntary. My husband owes $25000. and all they have done is garnish his paycheck and when he doesn't have a check they garnish his unemployment. Jail is usually the last resort. They can also garnish any bank accounts that have his name on them, they can revoke his passport and put a lien on any property that has his name on it.
If it is court ordered I would call the child support agency and explain the situation. Trust me it's better to call them then to have them call you.
2007-01-19 06:45:32 · answer #6 · answered by Lost 2 · 0⤊ 0⤋
it is between 9 and 10 thousand because my x got contempt of court for being behind 9,000 but he had to show the courts good reason for them to not put him in jail and he made up some excuse and he has really good lawyers so he got out of it but he still owes. hope this helped
2007-01-19 06:37:36 · answer #7 · answered by cc1872 2 · 0⤊ 0⤋
well it depends how many kids and wether the person supose to get the money is going to say anything....because depending on that info and the reasons why it's not being paid is if he will go to jail or not....he has a good reason and sounds like no ones reported him so he will be fine till he gets a job.
2007-01-19 06:30:32 · answer #8 · answered by Rane D 1 · 0⤊ 0⤋
He will not be arrested if he takes the proper steps!
He should notify the court that he is unable to pay. They will work out an arrangement with him when he is able to pay again and to pay the back child support in installments.
2007-01-19 06:35:15 · answer #9 · answered by AnnieD 4 · 0⤊ 0⤋
Every person is assigned a child support officer. He needs to let them know what is going on. This will prevent him for being arrested and even though his child support will accumlate. This will protect him because they will take any check he has or his taxes
2007-01-19 06:29:16 · answer #10 · answered by Reggie M 2 · 0⤊ 0⤋