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Back child support- civil suit ?

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kasperchick2

Junior Member
What is the name of your state? Illinois

I have a boyfriend that still owes child support but his kids are both over 18. He had been unemployed until recently, temporary job, now he thinks that his case would be considered a civil suit. I honestly think that he won't be arrested if he doesn't pay it. What is really the truth?
 


VeronicaGia

Senior Member
kasperchick2 said:
What is the name of your state? Illinois

I have a boyfriend that still owes child support but his kids are both over 18. He had been unemployed until recently, temporary job, now he thinks that his case would be considered a civil suit. I honestly think that he won't be arrested if he doesn't pay it. What is really the truth?
It is not a civil suit. He owes the money and can be jailed, fined, lose his license to drive and any professional licenses he has, lose his passport, etc. Interest accumulates monthly or yearly, depending on IL law. The court considers child support an obligation which cannot be wiped out in bankruptcy. Not having a job doesn't mean anything to the court. The court doesn't care if he lives in a box on Michigan Avenue.

When is the last time he paid his support?
 
B

betterthanher

Guest
kasperchick2 said:
What is the name of your state? Illinois

I have a boyfriend that still owes child support but his kids are both over 18. He had been unemployed until recently, temporary job, now he thinks that his case would be considered a civil suit. I honestly think that he won't be arrested if he doesn't pay it. What is really the truth?
Civil suit: nope.

The longer he continues to avoid paying, the bigger the debt will be. If his debt grows to a certain amount, he could be considered a felony and he could be arrested. Now that the kids have reached 18 years of age, I don't believe the child support enforcement agency (I am assuming you're going through one) won't help you enforce it since they no longer have an interest in the children.
 
getting jail time for unpaid child support is in accordance to state laws.
when a child becomes emancipated,the compelling governmental intrest "for the best intrest of the child" is then lost.
It is very difficult to get a conviction of non-support when the person granted support is no longer a child.
by law effects of law is changed in the matters of collections,and convictions.
as time is very dangerouse,procrastinating actually can be harmful to both sides,because now you have to prove at any given time of non-support when the child was a minor had been in immediate neccesitate needs.
And you must bear the burden that the obliger did have the means and was not willfull in failing to make a valid court ordered payment(s).
under the matters of federal criminal contempt(interstate cases),a person who resides in a state that owes arrearages of $5,000.00 in back child support,to a minor child,or to a person on behalf of a minor child who resides in another state may be charged criminally and be imprisonend for up to 2 years in a state penitentiary.
Though many courts rulings are contrary to this one,this ruling still holds a precedence as well with the defendants asserting rebuttle, "title U.S.C 42,which gives the defendent the burden of refutting the presumption that if the government produced a support order then the defendent was able to pay violated the defendents rights of due process".
 

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