He is 6 months behind on child support and I cant afford to talk to a lawyer right now but I was wondering what will happen to him if he doesnt pay.Will he go to jail? if so how long?
2007-10-04 15:10:11 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The law will depend upon the state you live in but ALL states have a legal aide division that offers advice and representation for free.
Go to the office of the court that ordered he make the payments. Explain the situation. It should be some division of the prosecutors office. All that is needed here is the enforcement of an order already established, so you shouldn't need to hire an atty. There are also organizations that will go after him but charge a heavy percent of the amount they recover - so use caution there.
He WILL likely not pay if you don't call him on it. No one is monitoring this to see that he does it you know. It's up to you to inform them that he isn't paying.
Whether or not he goes to jail is not a question ANYONE can answer here as it's a state matter and it's really doubtful that it would happen on a 6 month arrears. Especially if he then makes some effort to catch up. Some men just need to know that you aren't going to put up with it and your CHILDREN deserve his support. I hope that you don't try to restrict their seeing their dad just because he isn't paying. They shouldn't be for sale and won't understand. They should be 2 different issues.
So, try legal aid, the pros office and the court the order came out of. You can even write to the judge that ordered it. Someone in his/her office will likely advise you.
Good luck honey and do make him pay. It's the right thing.
2007-10-04 15:29:33 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If he is behind only six months they will probably just start taking it out of his pay check if he is working. If not then he could go to jail. But with the jails filling up so fast he will probably be ordered to pay the balance due and ordered to get a job then they will take the money out of his check. call child support service unit they will give you more info. also call legal aid they can help you.
2007-10-04 17:43:36 · answer #2 · answered by sunshine 2 · 0⤊ 0⤋
As others have said, it depends on the state. Ask around and find out about enforcing agencies in your state. The one I live in has a couple of different agencies that will help. Additionally, if non-payment becomes an established pattern over a series of years, not only can they go to jail, a "no pay, no see" provision can be enacted, and he will not be able to see the kids. There is help available. You just need to find it.
2007-10-04 17:39:36 · answer #3 · answered by Babe 1 · 0⤊ 0⤋
You need to go to family and children services and they will assign an advocate to you to process the papers for child support recovery. And yes, they can put him in jail if the judge orders him to pay and he doesn't. The judge can hold him in contempt. The length of stay will be up to the judge. Just go the FCS and see what help you can get for your babies. Good luck.
2007-10-04 15:35:22 · answer #4 · answered by swtserenity43 3 · 0⤊ 0⤋
YOU have to contact CSR, they will garnish his wages if he is working, any income tax refund he is due will be withheld for payment of back child support. Any state/government check will be withheld for payment of chld support if refuses to pay regular support he CAN be jailed...How long I guess is up to the courts. I've never had such a problem.
2007-10-04 15:50:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Put it in the hands of child support enforcement. If he falls behind too far, he'll go to jail. Depending on what state you're in, he could also lose his driver's licensce.
2007-10-04 15:17:18 · answer #6 · answered by Kathy R 5 · 1⤊ 0⤋
There are legal aids that will help, and also you don't have to talk to a lawyer just talk to the ones that ordered it to him the first time, 1.-no income tax' 2:license suspended, 3:6mo-1yr. Are you concerned for his freedom? or you concerned for the kids?
2007-10-04 15:20:36 · answer #7 · answered by sugarmebrown 2 · 0⤊ 0⤋
that would depend on whether or not his payments are going through the courts....if so, contact them, and inform them, and they will pick him up and he will go to jail....just remember that if he is in jail, he cannot make money, but it may take this to show him that you are serious. If the CS is not going through the court, then you will need a lawyer.
2007-10-04 15:16:05 · answer #8 · answered by mrs_endless 5 · 1⤊ 1⤋
Talk to the state child welfare system to see if they can help...many states will not send him to jail.
2007-10-04 16:24:17 · answer #9 · answered by Bob D 6 · 0⤊ 0⤋
I don't know if he'll go to jail but the first thing that will happen is the D.A. will suspend his license.
If he is working, his paycheck will be garnished.
2007-10-04 15:17:44 · answer #10 · answered by moniquesexy75 2 · 0⤊ 0⤋