Can someone tell me what they think will happen in court??

Question

me and my ex went 2 court back in aug/07 4 child support and he was ordered 2 pay 562 a month starting 09/07 for our 2 children, the court also added back pay of 2500 b/c he stopped supporting the kids in march/07. He has yet 2 pay anything so we now have 2 go back 2 court in feb/08. do u know what will happen, will he go 2 jail or will the judge give him a certain time 2 find a job. btw in texas and 4 those who think I am wishing he go 2 jail I don't I just want some help with our children, I work a full-time job and pretty much my income goes to child care so that I can work. thanks

Answer 1

It's really up to the judge's discretion.

But, since he made no attempts whatsoever to make even the smallest payment to you so far, there's no reasonable expectation that he will do any better given any more time. So the most likely result is that they will hold him in contempt and give him some jail time to think about it.

Ironically, that will probably make it more difficult to find a job when he gets out, so the judge might take that into consideration. If he does, then he may set a limit on how much more time he's going to give this guy, and require that he show substantial proof that he's been actively trying to get and keep a job, or else hit him with even longer jail time than he would have gotten.

Realistically, though, you better accept the reality that this deadbeat loser simply isn't going to come through on any payments, and I would pursue eliminating any and all of his legal rights to the children. I'd also plan on getting on with your life completely separate from this guy (including moving away to somewhere, anywhere, where the cost of living is less, and making the only address where he can send payments to you be at a UPS Mailboxes Etc. store). Come back to Texas for court dates, but otherwise, get away. Ask the judge (ask to talk to him privately AFTER the trial) whether this is something you can do without causing him (the judge) legal problems. Deadbeats can be made to pay child support out-of-state.

Good luck hon!

Answer 2

I do not know what your state laws are. But, here in California the money will keep adding up, until he is employed. Then the state will garnish his wages. There are programs here that take care of child support. You should be able to get some support from your state for childcare expenses, rent, food, etc. But I have never heard of the court pushing a person into work here in California. Do you have an attorney? Or, does the court offer free legal advice? I would consult and ask what they believe will happen. And, never hold back, advise the judge when you do go to court about the hardships you are facing.

I can tell you many people in his situation tend to avoid a regular job, and get money elsewhere (such as under the table) so they do not have to pay child support or have their wages garnished.

Answer 3

I think a lot of it will depend on if what he has been doing up to now and the judge. It sounds like he doesn't have a job, it may depend on how hard he is looking. I know there is a county here in MN that I just read about this year. They actually pay for job training for deadbeat dads and work on helping them get jobs and contribute. It actually has resulted in a very high percentage of support being collected. Unfortunately, that is pretty rare and most counties don't do that and tend to be more punitive. If he is working, they should be garnishing his wages so there is no choice for him to pay, it comes out before he gets the paycheck.

I hope you get a judge that will try to be creative. Punishing your ex isn't helping you or your kids. He does need to start contributing, but the wages in prison aren't an answer.

Answer 4

In Alabama if the man doesn't have a job he doesn't have to pay. A real man would support their children. But many don't. They want to get with another woman and make more babies and take off again. The only way they can make him pay is to garnish his check, that is if he works.

You might as well ask for help from HR. Don't count on what you hope to get, count on what you can do. My X didn't even support our 2 children when we were married. He told me they came from my body, not his and I am to support them myself. I DID. While he played games with other women. When I look back now, I see how stupid I was to support him also! Good Luck.....

Answer 5

the jughe willprobly give him so much time to get another job or he just might go to jail depending on what the jughe has seem him so in the past as far as the jail thing you work hard to suport your childern iam a singel mom to and have gotten only four child suport check in ten years of my little girls life so if they send him to jail so be it if thats what it take this isnt about your childens father this is about you childeren i work hard at a full time job also and bring home only 241 a week and my daughters father has his other three childeren with his new wife liveinga rich life so i feel nopity on looser dead beat das who dont pay and neither should i back you on this 100 percent do what it takes and dont feel bad for him if he does go to jail may be hil learn

Answer 6

I'm in VA, so I don't know about your state. But here they would normally give him a time limit on making the support payments and set up a payment plan for the back support as well. Then if he doesn't comply, he just might serve some time. Good Luck.

Answer 7

I think it depends on the judge..I understand needing the help to support the kids. Money is a big thing when it comes to feeding clothing and do what we need to as parents. And i admire that you dont want him to go to jail..it makes it hard on the kids when the parents become about themselves and think about getting even with one another..

Answer 8

DO NOT, I REPEAT, DO NOT WORRY ABOUT HIM!!!

LET THE JUDGE DEAL WITH HIM!!

$562 A MONTH??? FOR 2 CHILDREN?? HE IS GETTING OFF CHEAP!!

YOUR ONLY CONCERN IS THE WELL BEING OF THOSE CHILDREN!!! TOO BAD IT ISN'T HIS!!

HE NEEDS A SWIFT KICK IN THE .......HEAD!!!! AND MAYBE A LITTLE MODIFICATION IN ONE OTHER AREA SO HE CAN'T SPREAD ANYMORE SEED SINCE HE ISN'T RESPONSIBLE FOR THE ONES HE HAS.

Answer 9

It probably depends on whether he can demonstrate good faith effort toward earning income. If he has just been a slacker (or is working off the books) then hopefully he'll do some jailtime.

Answer 10

well you have full custody kids you wont get him to pay any support unless he thinks he's going to jail if he doesn't the Cort can take his in com tax check and take a percentage of his pay check you need to remember first in time is first in line .