What do you know about CS

[amelvin]

What is the name of your state?TX

My friend's boyfriend just got put in jail for being behind on his CS. He was either 3 or 6 months behind, due to a loss in employment. Now, he's in jail and doesn't have the $1500 to get out. So my question, if anybody knows, is now what? Will they leave him in jail? How long would he be in there? If he doesn't have the money to pay, what happens now?

 

[USMOM]

He is in jail for criminal non support of a child (Kansas wording). That means that he will have a hearing and if his income is low enough, he will be appointed an attorney. I would suggest that he do some thinking about a plan to pay his child support. If that means two jobs, then he should spend his time making a resume. Think about your situation here. You didn't say how serious your relationship is but his actions now will be a good indication of the treatment you will receive if you do decide to have children with him. I wish you luck. You obviously care about this person. Maybe your influence can help him to do the right thing. Sometimes I think we women could make things better if we would insist that the men we care about stand up and take care of the children. I know this is a bit preachy, but read some of the older postings. There are dozens of women who have had children with men who were already not supporting children and become enraged when they find themselves in the same situation.

 

[Grace_Adler]

Actually he is being held under civil or criminal contempt of a court order.

The judgment depends on the law and judge. In criminal contempt, the judgment lasts as long as the law says the judge can order it. Example, it may be for 30 days, 6 months, etc.

In civil contempt, it is for as long as the contempt continues meaning the person in jail "holds the keys in their pocket." They can get out when they do what is required of them. In his case, it would be that he can purge himself by paying the full amount which he can't do.

We can't really tell you how long he is in. That is something you would have to ask the people at the jail. You need to know what the judge ordered. For example when held in civil contempt in NC, they often order the person be held for 30 days or they may purge themselves by paying the full amount.

 

[Gracie3787]

What is the name of your state?TX

My friend's boyfriend just got put in jail for being behind on his CS. He was either 3 or 6 months behind, due to a loss in employment. Now, he's in jail and doesn't have the $1500 to get out. So my question, if anybody knows, is now what? Will they leave him in jail? How long would he be in there? If he doesn't have the money to pay, what happens now?

IF he was only 3-6 mos. behind, he was probably jailed for CIVIL Contempt, which is very different from Criminal Contempt.

In Civil Contempt, the nonpayor appears in court, usually is ordered to pay a PURGE ($1,500.00 sounds like a purge amount) immediately. If they cannot pay, they are usually taken to jail straight from court with an order of anywhere from 30 to 180 days (or more) in jail OR paying the purge and being released.
From what you describe, it sounds like your friend's boyfriend will remain in jail for whatever time the Judge gave him, unless he has family, friends, or someone come and pay the $1,500.00 to get him out sooner.

IF he was jailed on CRIMINAL Contempt charges, USAMOM is correct, he may be appointed a public defender, and have a criminal trial. Your friend will be able to tell you if he is in on civil or criminal contempt.

 

[Grace_Adler]

Just want to elaborate that in my experience, you don't get a criminal trial. The way I've seen it work, at least in my state is, you are sent a summons saying you must appear and show why you should not be held in civil or criminal contempt or both which are both punishable by time in jail and fines, etc.

You go to court, you are offered the right to an attorney. If you don't want one, you sign a waiver. If you are found in criminal contempt, then that's it. You don't go to court again for a criminal trial You get assigned your judgment right there on the spot and that's the end of it. Maybe TX is different but it seems like they are very similar in some of their laws.

 

[Gracie3787]

Sometimes I think we women could make things better if we would insist that the men we care about stand up and take care of the children. I know this is a bit preachy, but read some of the older postings.

I don't think your statement is a bit preachy, and I wholeheartedly agree, and have lived that very same sentiment. When my husband stopped paying his CS I tried everything to get him to change, including turning him in to CSE. After that he went back to paying, and he has thanked me for helping him become a FORMER deadbeat Dad.

There are dozens of women who have had children with men who were already not supporting children and become enraged when they find themselves in the same situation.

It's crazy isn't it? When my husband was married to the ex I referred to above he was supposed to pay CS to his first wife, but wife #2 wanted the money for herself, so SHE convinced him to stop paying. And then when the police showed up at their house with a warrant while he was at work SHE went to his job AND WHISKED HIM OUT OF STATE!!
This same woman got really angry when he stopped paying her also, but like I told her, she had no right to be mad, after all, she was the one who taught him that he shouldn't pay CS. It just proves that the old saying is true- what goes around, comes around.
Gracie

 

[USMOM]

Ok

Gracie, Go bless you. You are really a woman of power. I wish we would all be so strong. So many choose to complain, but do not stand up when their time comes.

 

[keathp123]

good luck

Went through the same thing in Mo. a few years back. Hard as it may seem to believe , not everybody that is behind in child support is a dead beat dad!Anyway, I was arressted for being behind. Was charged with a class D felony for non support.Sat in jail for 45 days until I went in front of the judge. At the hearing, the judge placed me on 5 years probation and ordered me to pay an outrageous ammount every month. If you are 1 day late they will revoke probation. So tell him to be cautious when agreeing to terms. Good Luck! keathp