non payment of child support question - please help!

[michelle1978]

What is the name of your state (only U.S. law)? Indiana

My husband was arrested for non payment of child support. This is his 3rd arrest for the same offense. His bond was set at $25,000. We live in Indiana. The child is now 17 and currently incarcerated. When my husband goes to court on Tuesday will he automatically be given a jail sentence? Is there any chance he will not be given a jail sentence? Please help. Any information would be greatly appreciated. He is in arrears due to unemployment. There was a paternity test scheduled years ago; however he was unable to make the appointment due to being hospitalized. Therefore, the court automatically determined him to be the father. He does not believe he is, yet the court says he "forfeited" his right to a DNA test. Also, is this a felony? Why would his bond be set so high? Thank you for any information you can provide. I am very distraught as we have 4 children. I am hurt, confused, and just need help I cannot afford an attorney.What is the name of your state (only U.S. law)?

 

[LillianX]

Given the amount of the bond and the fact that this is his third arrest for non-payment of child support, I'm guessing that his arrears are more than $15,000, which would mean that he is being charged with a class C felony, punishable by 2-8 years in prison and/or a $10,000 dollar fine.

It's possible to have the order modified so that he doesn't have to pay for the actual time his son is incarcerated, however your husband hasn't paid support in a very, very long time. No one is going to believe the unemployment story. If he's been jailed three times now, he hasn't paid in many years. He has had more than adequate time to get a job. Support owed for the time before his son was incarcerated will not be forgiven.

As for whether or not he will go to prison on Tuesday, probably. No one is able to tell you with any certainty what a judge will order. It appears as though he has discretion in ordering prison time or a fine, but on a third charge, leniency isn't likely.

 

[michelle1978]

thank you

He was paying his child support regularly for a year; he lost his job about 4 months ago. Just thought I would add that information in case you feel as if that might be relevant. I am praying my husband does not get sentenced to jail time

 

[Proserpina]

3rd arrest...but he's only NOT been paying for 4 months?

Could you clarify that, please?

 

[LillianX]

Make sure he asks for a court appointed attorney. His arrears are likely astronomical... far more than the 4 months he hasn't paid because of job loss. That said, the job loss would constitute an inability to pay, which is a valid defense in Indiana. These arrears would not be forgiven, but it's possible they won't be considered by the judge, if his unemployment is completely not his fault. I'm only talking about the four months, mind you.

That said, given that this is his third arrest for non-payment, the chances of leniency by the judge are slim. Your husband is the stereotypical definition of a deadbeat parent, and without a very valid defense, and adequate representation, he is likely looking at significant time in jail.

 

[michelle1978]

I'm sorry that I haven't been more clear. He has paid child support at different times throughout the years, but not regularly. However, he had been regularly paying (weekly) for a year, until he lost his job 4 months ago. I don't know if that makes any difference. I am just very hurt and I don't want him to go to jail.

Since he did not show up for the paternity testing he was declared the father years ago. He could not have shown up as he was hospitalized at the time. Is it possible for him to get paternity testing and if the test shows he is in fact not the father; would the courts accept that?

I truly appreciate any information. Thank you so much for your time.

 

[Proserpina]

I'm sorry that I haven't been more clear. He has paid child support at different times throughout the years, but not regularly. However, he had been regularly paying (weekly) for a year, until he lost his job 4 months ago. I don't know if that makes any difference. I am just very hurt and I don't want him to go to jail.

Since he did not show up for the paternity testing he was declared the father years ago. He could not have shown up as he was hospitalized at the time. Is it possible for him to get paternity testing and if the test shows he is in fact not the father; would the courts accept that?

I truly appreciate any information. Thank you so much for your time.

No.

The child is 17 - it's not in the child's OR the State's best interest to disestablish paternity at this point.

And even if that were possible, it wouldn't erase the past obligation.

He is legally the child's father - end of story.

OP, you must accept the very strong possibility that he's going to be doing at least some jail time.

 

[Zigner]

No.

The child is 17 - it's not in the child's OR the State's best interest to disestablish paternity at this point.

And even if that were possible, it wouldn't erase the past obligation.

He is legally the child's father - end of story.

OP, you must accept the very strong possibility that he's going to be doing at least some jail time.

He's been out of work...presumably it's a valid excuse. As such, he may not see jail time over this.

 

[LillianX]

He is long past the time limit to contest paternity. He had 2 years after the test was ordered to contest. He did not.

 

[Proserpina]

He's been out of work...presumably it's a valid excuse. As such, he may not see jail time over this.

He's only been out of work for 4 months.

He has a history of only sporadic payments going back years, and this is his third arrest (though it's not clear how many convictions there have been).

Yes, it's possible that he won't have to live with four hots and cot - but his history won't endear him to any judge.

Plus..the bond amount...is really, really not a good sign.

 

[stealth2]

OP... I would strongly suggest that, if you don't already have the ability, you start figuring out a way to support yourself and your children. Because I suspect, whether now or later, you're going to have to do so.

 

[Artemis_ofthe_Hunt]

He's only been out of work for 4 months.

He has a history of only sporadic payments going back years, and this is his third arrest (though it's not clear how many convictions there have been).

Yes, it's possible that he won't have to live with four hots and cot - but his history won't endear him to any judge.

Plus..the bond amount...is really, really not a good sign.

Thought it was THREE hots and a cot... unless you're counting tea time?

 

[Proserpina]

Thought it was THREE hots and a cot... unless you're counting tea time?

Brunch or afternoon tea.

 

[Ohiogal]

Brunch or afternoon tea.

They have tea in jail? DANG!

 

[Proserpina]

They have tea in jail? DANG!

You'll note I didn't say what the tea was made from....