Are there any public groups that monitor such things?
The details: He has 2 children by a woman who he paid child support to (he always paid on time etc...) Two years ago he moved back in with her in an attempt to "work things out." Things did not work out, so one month ago he left her again. She called the police and had him arested for non-payment of child support, for the two tears they lived together - even though he was the only person in the household with a job, and therefore paid ALL the bills for those 2 years (and prior to that had never missed a payment)
He was arrested and released the same day (2 weeks ago). And was given a court date for today...
So he went to court, and this is what they did to him:
He is incarcerated INDEFINETLY. The only way he can get out of jail is to pay around $3500 in back child support that he does NOT owe (patial payments are not accepted). He is not allowed work release even though he has a regular local job.
Continued below...
2007-09-04 07:09:19 · 8 answers · asked by twilightinsanity 2 in Politics & Government ➔ Law & Ethics
...The time he spends in jail does not reduce the money he owes, and more payments will pile up in the meantime, so the longer he stays in jail the more money he owes and the longer he will have to stay in jail!
He tried to tell the judge that he will lose his job, since he is not allowed work release, and he has noone to pay over $3500 to get him out. The judge said , and I quote "Then you'll be in jail forever. It's not my problem."
That can't be legal. Debtors prisons were abolished in the 1800's right?
He's not an escape risk, he's not a violent person, and he really dosent owe any money to anyone in the frst place.
Yet they are keeping him in jail indefinetly, without any possibility of getting out or working it off, other than someone else paying for it.
Arent there groups or organizations that monitor such things?
Links or phone numbers would be great...
Thanks, I know this was a long one...
2007-09-04 07:25:03 · update #1
OK, I read the answers I have gotten so far and you guys are missing the point!
Number one, he is willing to pay the court the money they say he owes because he cant prove that he paid the bills for 2 years etc... He knows he screwed up by not getting reciepts and/or going to court to have the situation changed.
Number two, a lawyer costs more than the 3500 he owes. Obviously if he could afford a lawyer he would have spent the money on staying out of jail in the first place...
Number three, I'm mostly concerned about getting him placed on work release so that he can pay his arrears off and get out - this is the most practical way to solve his problems given the curent situation.
Thanks again though...
2007-09-04 07:35:57 · update #2
And on top of all that, child support incarceration is basically a contempt of court charge, so how can the judge tell him that his jail time is indefinite? Arent there set time limits on contempt charges? Can they legally keep him forever if he can't pay the money?
2007-09-04 07:39:05 · update #3
Well if your friend did not go and modify the order, technically it was still in effect. Did he have a lawyer? If not hire one for him and file a motion in the case for probation. It seems as though there are some facts missing here. I am a child support attorney and I have never heard of a judge putting someone in jail if he or she could prove the couple resumed cohabitation. Get a lawyer on this.
2007-09-04 07:24:21 · answer #1 · answered by hensleyclaw 5 · 1⤊ 0⤋
Lots of people like your friend get screwed on child support for one simple reason. They did not follow the proper proceedures. He needed to either keep paying child support and then let her pay the bills with that money or get the court order modified to reflect the changes in their living situation.
Hopefully he will get a sympathetic judge, but odds are he's SOL because he didn't do things the right way. Sometimes nice guys get screwed by the system. Sucks, don't it?
2007-09-04 07:20:21 · answer #2 · answered by Michael C 7 · 1⤊ 0⤋
Did your friend and this woman go to court when they got back together so that they can tell the judge that they're trying to work things out and request that the child support payments stop? If not, although it may not seem right, he's probably going to be forced to pay the $3500.
2007-09-04 07:19:40 · answer #3 · answered by MissTina 3 · 0⤊ 0⤋
I know this is not fair but he was required to pay child support even while living there. If we has prove that he paid all the bills maybe that can help him. He should have gone back to court before moving back in and having the child support removed,
2007-09-04 07:20:34 · answer #4 · answered by <Carol> 5 · 0⤊ 0⤋
Typically court orders are worded where they are only voided if the two marry, living together does not constitute a family unit, If this is the way it was worded he is technically in violation of an order of the court.
He needs to read the specific language in the order for child support.
2007-09-04 07:21:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm confused. Did he pay child support to her while he was living with her, or did he stop paying because they were trying to work things out? If he did stop paying, I don't think moving back in with the woman you owe child support to absolves you of having to pay it. Hopefully he could prove that he was paying for some or all of the kids' needs while he was living there, but if that argument didn't cut it he might still owe it.
2007-09-04 07:17:48 · answer #6 · answered by ♫ Sweet Honesty ♫ 5 · 1⤊ 0⤋
you may nicely be arrested. you may pass to reformatory. even although they say harmless till shown in charge interior america of a it does not constantly artwork that way. you will ought to instruct your innocence. That being reported, the police shouldn't and many times won't arrest somebody without clean and convincing data. If this got here approximately each week in the past and you haven't any longer heard from the police you're probable high-quality. this could be a sturdy time to decrease all ties to this "buddy", although. The police can't come into your place without a seek warrant till you invite them in.
2016-10-09 22:47:14 · answer #7 · answered by ? 4 · 0⤊ 0⤋
If he did not return to court to have the support set aside and if he did not pay support during the two years, he is guilty.
Plain and simple.
HE does not get to decide when to follow a court order.
2007-09-04 07:26:20 · answer #8 · answered by hexeliebe 6 · 0⤊ 1⤋