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child support & jail time...

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What is the name of your state? CA

My son's father has had a court order the past 2 years for child support, which he has paid, but now there is a HUGE problem. He most likey will be serving some jail time (2yrs.??) and I would like to know what happens to the court order. I understand that if he doesn't contact them the amount owed will build & build, but what if he contacts them to explain his situation?? Does the order just end until he is let out, do the courts lower the amount, or would it stay the same??
:confused:
 


I AM ALWAYS LIABLE

Senior Member
momof1cutie said:
What is the name of your state? CA

My son's father has had a court order the past 2 years for child support, which he has paid, but now there is a HUGE problem. He most likey will be serving some jail time (2yrs.??) and I would like to know what happens to the court order. I understand that if he doesn't contact them the amount owed will build & build, but what if he contacts them to explain his situation?? Does the order just end until he is let out, do the courts lower the amount, or would it stay the same??
:confused:

My response:

The order remains the same. Remember, the child still needs to eat, be clothed, and housed. Simply, the arrearage will add up, including interest at 10%, and then when he gets out, he'll have a huge bill to pay. It's not the child's fault, or the court's fault, that your husband is a criminal. It's his fault. This is what happens when you're a criminal, and when you're married to one.

Either pay the child support yourself (you don't have to), or he can get smacked with thousands and thousand of dollars in arrearages, which include wage garnishments and attachments on bank accounts.

IAAL
 
oh no, we are not married!!! anyway, i'm thining that's why his parents bailed him out so that he can go to the courts to see if the support order can be placed "on hold" until he gets out. this is definitely not my son's fault & i'm glad that the courts won't stop the order b/c he still has an obligation. it's his stupidity and he should be the only one punished, but it sucks that my son has to do w/out for maybe 2 yrs. would we have to go back to court when he gets out or does everything resume when he starts work again??
 

rmet4nzkx

Senior Member
Well if his parents can bail o'l sonnyboy out then why should the court put child support on hold? Maybe the grand parents should also pay child support for him as well since they raised the criminal?
 
i'm so w/ you on the grandparents raising a criminal, even though his mother will never admit it 100%. he has a probelm which he needs to get professional help for...fine, but his parents are constantly helping him out. anyway, when his mother called me to inform me of his arrest & possible punishment, she said that she can help me by buying food or clothes, but "unfortunately" she couldn't help me w/ the support that her son's been paying. she even asked me if i would stop the order so that he doesn't have a big "bill" when he gets out. she also asked if i can write a letter to the courts stating how responsible he's been the past 2yrs. w/ the support order. when he gets in trouble it's always about her poor son saying that he's been real stressed before he went in, his pending divorce, which would result in another child support order, and his job...Boo-fricken-hoo!!!! :rolleyes:
 

rmet4nzkx

Senior Member
DRAFT
The Honorable xxxxxxxx
xxxxxxxx
xxxxxxxx

Your Honor,

Sonnyboy's mommy asked that I write you a letter on Sonnyboy's behalf stating these things.
List the requests:1. 2. 3......
I cannot in good conscience write such a letter and would perjur myself if I were to do so.

Furthermore, I believe that, Sonnyboy's mommy is an enabler, does not recognize the seriousness of Sonnyboy's criminal behaviors and makes continual excuses contrary to that of a reasonable person. I understand and am informed that she has the means to provide for her grandchildren in his absense as demonstrated by the fact that she was able to bail Sonnyboy out of jail, a reasonable person would then presume that she then has the means to provide for his children as ordered by the court.

While she has made an offer to provide some items of food and or clothing, it does not replace the support Sonnyboy has only recently began to provide under court order, nor has Sonnyboy attempted to develop any meaningful relationship with his child/children. The best welfare of these innocent children is not met by suspending or forgiving this obligation.

Respectfully Yours,
 
believe me, i was shocked when she asked me to write such a letter and that wasn't the best part...she told me to think of MY SON. if this letter does help his case then he hopefully won't be put in jail & he would continue to work, therfore paying his support obilgation. can the courts make his parents responsible for his child support?? i haven't heard from her this past week & then finding out through the county website that he had been bailed out, she probably feels stupid i would think. i just wonder if i'll hear from him regarding seeing our son?? :rolleyes:
 

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