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  1. #1
    crossroads is offline Junior Member
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    incarcerated on body attachment

    What is the name of your state? Arkansas
    My fiance is currently incarcerated for failure to pay child support. He lost his job and couldn't find one that would pay even close to the income his obligations were based on. Once he got behind, it "snowballed" on him. He contacted the child support attorney to try to have the payment lowered, but the state appointed attorney told him he would have to wait three years to apply. The body attachment was issued and well, you know the rest. When I spoke to the OCSE attorney, he made the statement to me, "That's the [I]great [I] thing about the law in Arkansas, child support is not based on the income you make, but on the income you are capable of making." Due to his many responses to my questions with "I don't know", I contacted the main office seeking answers. He took this personal and now refuses to take my phone calls. He has not been of any help in resolving this matter and the main office insists that we deal with him directly. I will say that the main office assured me that I should contact them any time, that they were there to help, and did answer a lot of my questions. How should we handle this? We don't have the funds to hire an attorney and now I am behind on our house payments.
  2. #2
    Silverplum is offline Senior Member
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    Quote Originally Posted by crossroads View Post
    What is the name of your state? Arkansas
    My fiance is currently incarcerated for failure to pay child support. He lost his job and couldn't find one that would pay even close to the income his obligations were based on. Once he got behind, it "snowballed" on him. He contacted the child support attorney to try to have the payment lowered, but the state appointed attorney told him he would have to wait three years to apply. The body attachment was issued and well, you know the rest. When I spoke to the OCSE attorney, he made the statement to me, "That's the [I]great [I] thing about the law in Arkansas, child support is not based on the income you make, but on the income you are capable of making." Due to his many responses to my questions with "I don't know", I contacted the main office seeking answers. He took this personal and now refuses to take my phone calls. He has not been of any help in resolving this matter and the main office insists that we deal with him directly. I will say that the main office assured me that I should contact them any time, that they were there to help, and did answer a lot of my questions. How should we handle this? We don't have the funds to hire an attorney and now I am behind on our house payments.
    I can tell you one thing for sure: it's not YOUR case, and your name appears nowhere in the child support paperwork. So if the OSCE refuses to help YOU work on this, it's no surprise. In the legal world, only those who are named in the paperwork are involved.

    Your bf needs to handle this himself. And there's no real way to handle it except by paying the court ordered child support.
  3. #3
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by crossroads View Post
    What is the name of your state? Arkansas
    My fiance is currently incarcerated for failure to pay child support. He lost his job and couldn't find one that would pay even close to the income his obligations were based on. Once he got behind, it "snowballed" on him. He contacted the child support attorney to try to have the payment lowered, but the state appointed attorney told him he would have to wait three years to apply. The body attachment was issued and well, you know the rest. When I spoke to the OCSE attorney, he made the statement to me, "That's the [I]great [I] thing about the law in Arkansas, child support is not based on the income you make, but on the income you are capable of making." Due to his many responses to my questions with "I don't know", I contacted the main office seeking answers. He took this personal and now refuses to take my phone calls. He has not been of any help in resolving this matter and the main office insists that we deal with him directly. I will say that the main office assured me that I should contact them any time, that they were there to help, and did answer a lot of my questions. How should we handle this? We don't have the funds to hire an attorney and now I am behind on our house payments.
    The only way it can be handled at this point is by your fiance making arrangements with CSE to begin paying the arrears. Then he can get a consult with an attorney to find out if it's feasable to file for a modification or not.

    YOU cannot do anything other than help your fiance find an attorney and pay his CS.
  4. #4
    fairisfair is offline Senior Member
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    Jan 2006
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    9,756
    He (the attorney) should have NEVER been taking YOUR phone calls.

    Now that you have shown yourself to be an overinvolved over stepping pain in the butt, he won't take them at all....surprise.

    We don't have alot of sympathy here for parents who don't support their children.

    Personally, I think he is where he should be.

    He didn't get thrown in JAIL for being a couple of months behind.

    So tell us, exactly HOW far behind in support is he?

    If you can't make the house payment maybe you should sell the house.
  5. #5
    Super Mom of 3 is offline Junior Member
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    Jul 2008
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    Angry You have got to be kidding me!!!

    What the heck is up with the body attachment???? The OCSE went to court in 2005 and the papers said one would be issued against my ex if he did not pay. He was aprox. $2,000 behind then. Now he is over $11,000 behind and that office said the body attachment doesn't mean anything! They aren't allowed to proceed with anything criminal. What the heck is up with that? I also can not believe you bf only miss "a couple" of payments and he is in jail??? There has too be more to the story than that. As far as I am concerned if you do not pay child support you should have your sexual organs removed. Yes, maybe I am a little bitter about this, but raising three kids on your own with no help from the sperm donor will do that to a person!!

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