My husband found out he had a 3 year old daughter in January of 2006. Since then he has paid support regularly up until January of this year. He was in between jobs and no support was taken out for a month and a half. Now, he is being taken to court for all the back support for all 3 years of the kids life for $10,000. Is he facing time or what should we expect?
2007-06-08 13:20:54 · 14 answers · asked by S@R@H 3 in Politics & Government ➔ Law & Ethics
His check is already being garnished. The poor guy pays $99 / week for current support and $30 / week on back support. It has been that way since he knew about her. They are just mad b/c when he was in between jobs for about 1 1/2 months it wasn't taken out b/c his employer was waiting on the orders. I don't think he should have to pay the full 3 years though because he didn't know about her till then. Please advise!!
2007-06-08 13:32:36 · update #1
If he's in jail he can't pay child support. As long as he is in good faith, I can't see him going to jail. However, the back child support is a matter for negotiation. That would depend on the judge. If he is her father, he does owe the support, but how quickly he would have to pay it is something else.
2007-06-08 14:15:11 · answer #1 · answered by DAR 7 · 1⤊ 0⤋
I am going thru a similar situation with my boyfriend. He has paid and been on time until the loss of his job then he was taken back to court and told that he was almost $600 ahead on support and asked that they put that to his future payment. Then he gets a check for the amount back from the state stating it was for overpayment of child support. He went back to court again and the judge ordered him to get a job, when he has been looking and had three pages of contacts, what each contact accepted (application or resume), rather there was an interview or not, etc and the judge is ready to throw the book at him. He told him he has 30 days to get a job or his child support goes back up to what he was making before being unemployed and that jail could be a possibility. Tell me how that is fair when he is actively seeking work and no one is hiring in our area.
2007-06-08 21:44:21 · answer #2 · answered by bellslady65 3 · 1⤊ 0⤋
While he has not paid support for much of the child's life, he is not considered a deadbeat dad. Primarily because he didn't even know of the child's existence until recently. It is impossible to prove he dodged his responsibility. Also, there was no court ordered amount of support, so he didn't violate anything written by the court.
Odds are he will only face wage garnishment.
2007-06-08 20:37:56 · answer #3 · answered by morgan j 4 · 1⤊ 0⤋
There is a chance he could get jail time, but more than likely they will start to garnish his paychecks each month until the child support is paid up to date.
2007-06-08 20:25:01 · answer #4 · answered by Steven's Love 4 · 2⤊ 0⤋
First did he have a blood test taken to prove that the child is his? If not would request it. Next they will garnish his wages up to 45% of the gross, if he ends up laid off this will also come off of is unemployment check. Been there
2007-06-08 20:32:12 · answer #5 · answered by Pengy 7 · 1⤊ 0⤋
They will probable garnish his salary and he could forget about seeing a tax return, is he positive the child is his? He should have a paternity test done if he's not sure. If he's not the father he could sue the girl and get his money back.
2007-06-08 20:26:23 · answer #6 · answered by cireengineering 6 · 1⤊ 0⤋
Depending on the state, I think, but sometimes they make you pay part of it before they will let you out. I forget what they call it, but he can't pay it if he can't earn it. He just has to show that he is making an effort and they may come up with a payment plan to include arrearages in his monthly payments, it looks better if he pays more than he should in the meantime, even if he has to take out a loan.
2007-06-08 20:26:13 · answer #7 · answered by Clear as a Bell 3 · 1⤊ 1⤋
Unlikely that he's facing time, especially since he didn't know about his daughter until last year. As others have mentioned, they'll garnish his wages until the amount is paid.
2007-06-08 20:28:09 · answer #8 · answered by TheOrange Evil 7 · 0⤊ 1⤋
File a motion with the courts explaining your problem & move the court to be lenient on you, go see the judge, and let him make a decision. There are books at the library how to represent yourself, or pay an attorney to do it for you.
2007-06-09 01:05:59 · answer #9 · answered by Anonymous · 0⤊ 1⤋
I hope the law does something! Men who don't pay child support, or women for that matter, deserve to be punished! It's a crime and it's only hurting the children in which they put in the world.
I'm sure if he was doing it all along and stopped for a short while they will just make him pay back child support. My guess.
2007-06-08 20:23:31 · answer #10 · answered by Anonymous · 4⤊ 4⤋