Incarceration And Child Support Judgement

[angieshue]

MO. If a person owes child support, and it is a judgement signed by a judge, are they still responsible to pay ALL the support due even though they were in jail at the time judgement was made?

 

[stealth2]

Uuuuh, yeah.

 

[nextwife]

Were they legally "served"?

 

[hittingrabbit]

again it is very difficult to assume what a judge will render and base their dicision upon before drawing to any conclusion.
In many situations amounts of child support continues to accrue arrearages durring incarceration, in other cases the support order is modified,and set to $0.00(rarely),and still at other times the parts of arrearages that are accrueing while the individual is incarcerated cannot be enforced in the same manner as other arrearages.
And if a state fails to provide specific laws in regards of individual circumstances a valid arguement can be made against accruing arrearages when seeking for a modification.
As an example if an individual committed a crime and their punishment was incarceration,if not associated with unpaid child support the court may modify the child support to $0.00,otherwise it may create jeopardy of the defendant.
On the other hand if the individual is incarcerated in relation to non child support arrearages the judge will not modify the support in any way,because the incarceration is done under contempt,that established willfull disobediance of the defendant,and is assumend by the court the defendent having the means neccessary to adhere to their demands basically has the key to the jail cell in their own pocket,being able to secure ones own release,all they have to do is pay what was being demanded.
Once it becomes apparant the defendent does not have the means then they cannot continue to hold the defendent.
Shear amount of time period of incarceration shows inability to pay,thus proves a defendent is not willfull,continuing to hold a defendent when it becomes apparent they can no longer secure their own release becomes a constitutional violation,as there can be no debtor's jail.

 

[angieshue]

child support issues and incarceration of ncp

MO. I thank everyone for their help with this child support issue, as now the ncp is asking for a hearing for child support, stating that she doesn't owe it. She is the one who petitioned the courts in the very beginning to get unsupervised visits, which were denied, then didn't show up for court, got into trouble again with DWI's and probation violations, now she has been ordered to pay child support + our attorney fees, and she is denying she owes anything, stating she was never informed about these court proceedings. The judge ordered her to pay our attorney fees + arrearages for a year in child support, and now the CSE office is turning her over to a collection agency for past due support. What will be necessary for us to prove our case. She has a monthly trust she receives, which we have had proof for some time, and can a garnishment be made against that fund?