I have court today. The state is taking my ex-husband to court for "Order to show cause, as to why he shouldn't be incaserated due to non payment of child support" He hasn't paid anything in 2 years, he is 20,000.00 behind in his child support obligation to my children. Will he actually be thrown in jail, since I know for sure he has no good cause. I don't know what throwing him in jail will really accomplish but maybe it will give himm some time to realize he needs to get on the ball and get a job and pay up his obligations. He has lost every hearing so far, and I know he doesn't have a lawyer. We just have the state lawyer but they don't take sides. So, what may happen? What would you think a judge would do?
2 years without payment
Not working
Still has his drivers liscense but the state already requested to revoke it
2007-12-05 01:53:12 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Either the Judge will give him a payment plan or he will put him in jail.
2007-12-05 02:29:07 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Whatever happens will be up to a judge. As for whether or not he goes to jail will also be up to the judge. I can't believe that your ex is that far behind and hasn't already been in jail or had his license suspended. Most states don't let the non-custodial parent get that far behind.
If you ex has the means to pay his support obligation and isn't, then a judge will want to know why he hasn't. There could be a legitamate reason why he hasn't, however without knowing the facts of the case, I don't know that this is what's occuring.
If your ex has the means to pay his support and isn't then I hope he does get thrown in jail. As a single dad who pays his monthly support, I can empathize with having to send out a check and not know, what or how it's being used for. Nonetheless, i do, because I love my son. Again, I'm not implying you misuse your support.
The flip-side of the coin is that putting your husband in jail or suspending his license can make things worse for all parties. If the judge puts your husband in jail, he will still have to pay the arrears he owes, plus his current obligation. Additionally, if he is in jail he will probably lose his job (if he has one). When he gets out of jail he will have to find another job, and still have to pay his past and current obligations. Finding a job may be even harder if he's been in jail.
If he has his license suspended/revoked and he gets pulled over he may end up in jail for driving on a suspended/revoked license depending on the laws of your state. Conversely, he can argue that if he can't drive he can't work, I don't think that arguement will work, but you never know.
I think the best thing a judge can do for both of you is come up with some type of payment plan that your husband can afford and is suitable to you. Best of luck
2007-12-05 02:23:39 · answer #2 · answered by Anonymous · 2⤊ 0⤋
For him to be behind $20,000.00...he would have had to be making quite a bit of money when you split. $833.00/month is a bit much for child support and that would be about 22% of his income at the time you divorced.
If that is the case, why did he let go of such a good job?
My opinion is generally in favor of the father, because I know how badly the states and the mothers can screw things up. This one would be a tough one if he actually had a job paying that much, though.
I always thought taking the drivers license and putting men in jail for not paying was pretty stupid, though. The state then forces them into nonpayment for however long they keep them and gives them no way except public transportation to get to and from a job to pay the support.
As for what may happen? Depends on the judge and your state.
He could go to jail for as long as two years, or get a slap on the wrist...anything goes.
2007-12-05 02:09:20 · answer #3 · answered by Star 5 · 1⤊ 0⤋
Most Child Support courts try not to jail a person for non-support but, since he has been there before, he may well find jail as his new home for a while. I agree that a person can't pay anything while incarcerated, but if they won't pay when free, sometimes it's the only way to get their attention. My State suspends the drivers license without notice to the non-payer as a "first warning".
2007-12-05 02:10:09 · answer #4 · answered by sensible_man 7 · 1⤊ 0⤋
Hopefully scare him into making good what he owes you.
2007-12-05 02:02:46 · answer #5 · answered by wizjp 7 · 1⤊ 0⤋