Held In Contempt

[whatanissue]

What is the name of your state? Connecticut.
Hello and thanks for any input on my situation. My husband has been incarcerated for a civil purge commitment. (failure to pay child support) He has had an inconsitant history on paying. The child is 8 now and the mother never attempted to collect until the past year. She has moved around and my husband had no contact with the child. He was incarcerated for contempt in January in which I was able to make his bond at 1500.00 this past thursday he went to court and the judge held him in contempt for 546.00. He just recently became employed and brought his pay check and his pay stub with him. It was his first pay check and was only for two days. BUT it was proof that he was now employed. The judge still held him in contempt and placed his bond at 3000.00 CASH. I cannot in no way no how afford this. How can they have incarcerated him at a bond set so high, especially seeing that we just paid a purge bond AND he had a pay stub PROVING that he was now employed? His next court date is for 3/23. How can a judge leave him in worse conditions by incarcerating him risking the loss of his new job?

 

[Ohiogal]

The same way your husband could refuse to pay child support and leave his child in worse conditions due to lack of support. But that was okay right? Ummm, the judge apparently didn't think so. Your husband should have paid the support and then he wouldn't have this problem. And visitation is a SEPARATE ISSUE than support. one has nothing to do with the other.

 

[whatanissue]

So True

That is right. I am not saying he should be excused by no means! BUT how is he going to pay in jail? He has a criminal record and that has been a factor in him not finding employment. He was paying when he was working. He was last employed in November due to the fact his job was shut down by OSHA. And she never pursued child support until last year. Now he is getting banged in the head. She never wanted him to support or see the child. Which never sat right with me. But I didnt think they would incarcerate him knowing he just made a purge bond and just began emloyment. Isnt it based on the ability to pay. No job,,,, no ability????

 

[Gracie3787]

What is the name of your state? Connecticut.
Hello and thanks for any input on my situation. My husband has been incarcerated for a civil purge commitment. (failure to pay child support) He has had an inconsitant history on paying. The child is 8 now and the mother never attempted to collect until the past year. She has moved around and my husband had no contact with the child. He was incarcerated for contempt in January in which I was able to make his bond at 1500.00 this past thursday he went to court and the judge held him in contempt for 546.00. He just recently became employed and brought his pay check and his pay stub with him. It was his first pay check and was only for two days. BUT it was proof that he was now employed. The judge still held him in contempt and placed his bond at 3000.00 CASH. I cannot in no way no how afford this. How can they have incarcerated him at a bond set so high, especially seeing that we just paid a purge bond AND he had a pay stub PROVING that he was now employed? His next court date is for 3/23. How can a judge leave him in worse conditions by incarcerating him risking the loss of his new job?

To answer your question- "how can a judge leave him in worse conditions by incarcerating him risking the loss of his new job?"

There are basically 2 types of Judges doing CS cases:
1. There are judges who truly look at the laws, judge each case on it's own particular facts and circumstances. These are the Judge's whose main concerns are truly in collecting CS for the kids. In a situation like you describe, this kind of Judge would not send the NCP right back to jail making them lose thier job.

2. Then there are the Judges who don't give a dam about what the laws are or the facts and specific circumstances, all they care about is punishment. They don't care that thier harsh attitude and judgements are actually preventing a NCP from keeping a job and paying CS. If the circumstances of your husband's case are as you stated (purge pd, new job, etc) then it is obvious that he ended up with a Judge who cares more about punishment than payment. It's sad, because these types of Judge's only hurt the kids the most.

 

[Ohiogal]

That is right. I am not saying he should be excused by no means! BUT how is he going to pay in jail? He has a criminal record and that has been a factor in him not finding employment. He was paying when he was working. He was last employed in November due to the fact his job was shut down by OSHA. And she never pursued child support until last year. Now he is getting banged in the head. She never wanted him to support or see the child. Which never sat right with me. But I didnt think they would incarcerate him knowing he just made a purge bond and just began emloyment. Isnt it based on the ability to pay. No job,,,, no ability????

Nope. It is not based on ability to pay. It is based on the fact that he has a child that needs to be supported. If he had custody of the child he would be required to support said child whether or not he had a job. And apparently he NEVER wanted to support the child or see the child either or he would have petitioned the courts. The judge looks at it this way -- the child needs supported regardless of anything else.

 

[Ohiogal]

To answer your question- "how can a judge leave him in worse conditions by incarcerating him risking the loss of his new job?"

There are basically 2 types of Judges doing CS cases:
1. There are judges who truly look at the laws, judge each case on it's own particular facts and circumstances. These are the Judge's whose main concerns are truly in collecting CS for the kids. In a situation like you describe, this kind of Judge would not send the NCP right back to jail making them lose thier job.

2. Then there are the Judges who don't give a dam about what the laws are or the facts and specific circumstances, all they care about is punishment. They don't care that thier harsh attitude and judgements are actually preventing a NCP from keeping a job and paying CS. If the circumstances of your husband's case are as you stated (purge pd, new job, etc) then it is obvious that he ended up with a Judge who cares more about punishment than payment. It's sad, because these types of Judge's only hurt the kids the most.

Hey Gracie, the judge who sent him to jail cares about the laws. The law is what allows him to put the NCP in jail. If the NCP had been attempting to pay CS or filed a modification or followed the law then he wouldn't be sitting in jail right now.

 

[nextwife]

In reality, though, if dad does NOT have access to a $3000 purge from his own money/credit, KEEPING Dad incarcerated, basically forever, until a third party gives up $3000 for his release, will not feed the child either. Thus it is counterproductive.

 

[Ohiogal]

In reality, though, if dad does NOT have access to a $3000 purge from his own money/credit, KEEPING Dad incarcerated, basically forever, until a third party gives up $3000 for his release, will not feed the child either. Thus it is counterproductive.

Oh I do agree with that. But I get the feeling there is more to the story than what we are hearing. Something doesn't sit right with this case.

 

[LdiJ]

A friend of mine's husband was jailed under similiar circumstances. They had to beg the money from his parents to get him out. However, he was smart enough to make every payment, on time, after that so he didn't end up right back in jail again.

Obviously your husband didn't take his January incarceration seriously....or the child support would have been paid one way or the other.

You are going to have to find a way to get the money somehow....and then make sure that its paid on time from that point on, no excuses.

 

[nextwife]

A friend of mine's husband was jailed under similiar circumstances. They had to beg the money from his parents to get him out. However, he was smart enough to make every payment, on time, after that so he didn't end up right back in jail again.

Obviously your husband didn't take his January incarceration seriously....or the child support would have been paid one way or the other.

You are going to have to find a way to get the money somehow....and then make sure that its paid on time from that point on, no excuses.

And what happens to those who have no parents or family to beg and borrow from?

Example, both my husband's parents are now deceased and he has no siblings or living family left other than some cousins, aunts are deceased. His other kids are now aged out of CS, but if he were suddenly ill for some time, I know and accept that I could be my daughter's sole support, the CS system doesn't really "allow" a NCP to be suddenly ill or unemployed long-term - they must FIRST have a modification!

Sounds like NCP has been long term unemployed, we do not know the reason. Taking the incarceration seriously still doesn't magically make the money appear for him out of thin air, if one has no assets to borrow against, and no savings, one can't magically create the money where none exists..

 

[fairisfair]

And what happens to those who have no parents or family to beg and borrow from?

Example, both my husband's parents are now deceased and he has no siblings or living family left other than some cousins, aunts are deceased. His other kids are now aged out of CS, but if he were suddenly ill for some time, I know and accept that I could be my daughter's sole support, the CS system doesn't really "allow" a NCP to be suddenly ill or unemployed long-term - they must FIRST have a modification!

Sounds like NCP has been long term unemployed, we do not know the reason. Taking the incarceration seriously still doesn't magically make the money appear for him out of thin air, if one has no assets to borrow against, and no savings, one can't magically create the money where none exists..

What happens to the CHILDREN, if the CP has no one to beg or borrow from?
Sorry, this would sound like a really sad story (not), IF there weren't children involved. One can magically get their butts to work. She told us the reason, he has a hard time finding a job because of his criminal background. Again, I am trying hard to keep from crying. Life doesn't allow any of us to get sick or be unemployed long term.

PS I do agree with you, incarceration, when he is at least trying (now) to make payments does seem rather pointless

 

[Momto1yrold]

I agree with the person who says there is something being left out. Perhaps he hasnt paid in a long time for it to come to this.

 

[bononos]

I have an idea...

Why don't you go out and get a second or third job and come up with the money to bail hubby's ass out?

He has family to beg and borrow from...YOU!

 

[Zephyr]

there isn't a work release program through the jail? where he could maintain his employment and pay towards the back cs until he could get out? everyday after work rather than come home he would just go back to jail, I think in my state it's called HUBER but it may be different in yours, have you looked into if that's available at all?

 

[nextwife]

I have an idea...

Why don't you go out and get a second or third job and come up with the money to bail hubby's ass out?

He has family to beg and borrow from...YOU!

What about a NCP who has no SO. Would simply jailing them forever serve any useful purpose, other than causing you and I the EXPENSE of paying for their incarceration?

Honestly, with the shortage of jail and prison space, I have a problem with incarcerating non-violent offenders such as debtors when this may cause more dangerous offenders to get released earlier to relieve overcrowding. I simply don't want to PAY for food, housing and jail staff to keep NCPs in jail - a non-paying NCP does not create a overall threat to society the way a violent offender does.