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  1. #1
    arieus Guest

    jail time for child support

    What is the name of your state? north carolina

    does anyone know how long after child support is ordered that the NCP can go before they get locked up?
  2. #2
    VeronicaGia is offline Senior Member
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    Not necessarily how long, but how much.

    I don't believe in jail sentences for a debt, since me, the taxpayer, has to foot the bill.
  3. #3
    arieus Guest
    i believe in punishment for doing wrong...i would rather my tax dollars go towards locking a deadbeat up for a couple days (until he digs up the cash to pay what he owes) instead of paying for welfare, food stamps, and other types of assistance because a single parent can't make ends meet without the child support that they are due.

    but on that note...do you mean that it is based on the amount owed over how long it's been since its been payed? if so, how much do they let them slip? i know it's differant from state to state, but from what i understand, NC is pretty hard on deadbeats.
  4. #4
    arieus Guest

    Unhappy

    one more note...i am not just being evil...i know that he has a pretty nasty drug habit, and i know that when they come looking for him for the child support, he will probably end up with drug charges as well. my theory is that if he detox's (even if he is forced to) he will start taking care of his son. he was a really good dad before the drugs smoked his brain.
  5. #5
    VeronicaGia is offline Senior Member
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    If he ends up in jail due to being tried and convicted on drug charges, they will likely suspend support until his jail sentence is over.

    Usually, but not always, he would have to be about $5k in arrears. It is state specific though.
  6. #6
    arieus Guest
    wow...they let them go quite a while, huh? well, i was hoping that the child support issue would catch up with him and force him to detox. i guess i will have to rely on karma!
    thanks for the info, though
  7. #7
    arpapergirl Guest
    I know all states are not the same but today i made a few phone calls here in MD. my child support was court ordered in my divorce and i found out that since he has not been paying i can file a pketition of contempt. i dont know if this will help but it may be somthing to look into
  8. #8
    arieus Guest
    if i go to cse will they pursue my case on their own, without me having to file additional paperwork?
  9. #9
    Grace_Adler is offline Senior Member
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    If I remember what I read correctly, NC CSE automatically goes after the NCP when they are $500 behind or a total of 3 months, whichever comes first. Technically they can go after you if you are 30 days behind but they usually follow the $500 or 3 month thing. The things I've read are kind of contradictory and confusing there. I do know that they usually go after someone after 2 or 3 months have passed.

    They will also intercept taxes at this amount, $500 with the federal IRS, if there is no public assistance involved. If there is the amount is $150. The state will intercept if you owe $50.

    Yes NC is extremely hard on NCPs falling behind. They will automatically put you in jail, no matter what your reason is for being behind. They don't care if you were on your death bed! They will automatically sentence you to 30 days or until you purge yourself with the full amount you owe. NC can also bring you right back to the judge, if you haven't paid at the end of 30 days, and order you right back without even seeing the light of day. They can continue to do this for up to a year. If you are found in criminal contempt the sentence can be for 90 days and they can keep it going for up to a year.

    Arrears for child support do not accrue while in jail. In other words, if someone is in jail, they are not required to pay support during that time.
    Last edited by Grace_Adler; 03-11-2003 at 07:41 PM.
  10. #10
    arieus Guest
    thanks grace...that is exactly the info i was looking for. i am relatively sure he will go to a relative for help paying, but i am hoping that his visit to the county jail will wake him up enough to realize that he needs to lay off the drugs and get his life together!
    since our order is for $424 a month it won't take long at all for him to reach that $500 mark...i sure could use the money, but i am convinced that when he quits doing drugs he will probably take care of his son anyway, without being forced!
  11. #11
    CMSC is offline Senior Member
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    I agree with gracie about the three month thing. Usually your court order will say how long the NCP can go before a show cause hearing will be held.

    At this show cause hearing they will determine if the contempt is willful. Many times the NCP can sign up for a payment plan (like add $50/month onto the support payments to help pay off the arrears). They can also do a purge order like grace said.

    But now I just realized that she gave you all the NC info because you are in NC so I will shut up!LOL
  12. #12
    arieus Guest
    that's ok ryry...you can never have TOO MUCH information, as far as i am concerned! i will take every bit i can get!
    that reminds me...i went to court on mar 3rd and i still haven't received a copy of my court order. i called CSE and they said it takes a while for it to get into the clerks system. they told me that for them to handle my case, i will need to go down to the clerks office once my order is entered in the computer and fill out a form transferring my case. the problem is this:the order was entered effective Mar 1st, my ex got evicted from his apartment on Mar 6th, and he did not show up at the court hearing so how will he know when payment is due, where it's due, ect...is it my responsibility to let the courts know that he has changed addresses (i am sure it's the first of many moves for him). i know that for the moment he is staying at his uncles house, but i believe he was only given a couple weeks to stay there-his drug problem has caused him to lose most of his other friends, so i can't begin to imagine where he could possibly go next. i DO know, that he will not change jobs-not if he can help it...he works in a strip club and i think he is selling to maintain his habit...and that's the perfect environment for that lifestyle-so is that the address i should start using for him?
    one more thing...grace maybe you know-why is it that he has not shown up to any of our court appearances (except 1 that his mom picked him up and brought him) and not completed parent education (which i thought was mandatory) but it doesn't seem like it matters to anyone but me? don't you get penalized for ignoring a summons?
    Last edited by arieus; 03-12-2003 at 08:10 AM.
  13. #13
    Grace_Adler is offline Senior Member
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    There could be 2 reasons he didn't show. Either he didn't get served or he did and just decided not to come for whatever reason. If that's the case, there will be a bench warrent on him for failure to appear.

    As far as the parent education classes.. is that for child support?
  14. #14
    digitech Guest
    That parent education class is mandatory, but they don't enforce it to be done within the 15 days. It just has to be completed by the pre-trial date.

    Also, you are not required to respond to the summons of a custody case..... but if you don't the other parent can file an order of default(and a couple other papers.) and they automatically get whatever they requested in the petition.
  15. #15
    arieus Guest
    he has shown up for 1 out of 4 hearings that we have had. didn't come to either support hearing (it was continued once) and came to 1 hearing at family court (that his mom picked him up and brought him)...
    i had mediation group orientation yesterday and he was given a "failure to appear"...sounds ominous-probably means nothing though, huh...since it is the 3rd time.
    they gave us 1 and and half months to complete parent ed. i don't think if he was given 6 months to complete it, he would.

    "order of default"? can i do that since he didn't show yesterday? they said family court would be in touch with me to let me know whats next.

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