I owe Big $$$ I Go To Court In May, Please Help Advice

What is the name of your state? Virginia

Hello I go to court in May and my child support is accumalating every month, I am unemployed and I can not afford $450.00 a month in support in addition to the clothes and everyday expenses I spend on my daughter when I have her. I was not working at the time I was orderd to pay this amount. I went from $50.00 a month to $450.00, By the time I go to court in May my support will be $10,000 in the rears, what do you think the Judge will do, I am not a dead beat dad I have been there since day 1 but I just finished college and I am already in debt to the federal government $32,000. Please help with any advice I am gonna get a lawyer. I am a good dad and I am educated but her mom portrays me as a dead beat dad. Please help with any advice I will greatly appreciate it. when I went for the hearing the Judge said that it is punishable by a year in Jail, do you think he will lock me up? If he does than her mom will get nothing how can a person pay child support from behind bars. Please help Thanks for your time. TQ

Get a JOB and start paying. (not legal advice purely practical)

Sorry if this sounds terrible blunt ,but if you are a "good dad" since day one as you said.you surely are aware of what she needs and this is what a GOOD DAD does he makes sure his child/children are financially taken care of. It will help your case in court in May if you are working and contributing. Good Luck

tqford said:

What is the name of your state? Virginia

Hello I go to court in May and my child support is accumalating every month, I am unemployed and I can not afford $450.00 a month in support in addition to the clothes and everyday expenses I spend on my daughter when I have her. I was not working at the time I was orderd to pay this amount. I went from $50.00 a month to $450.00, By the time I go to court in May my support will be $10,000 in the rears, what do you think the Judge will do, I am not a dead beat dad I have been there since day 1 but I just finished college and I am already in debt to the federal government $32,000. Please help with any advice I am gonna get a lawyer. I am a good dad and I am educated but her mom portrays me as a dead beat dad. Please help with any advice I will greatly appreciate it. when I went for the hearing the Judge said that it is punishable by a year in Jail, do you think he will lock me up? If he does than her mom will get nothing how can a person pay child support from behind bars. Please help Thanks for your time. TQ

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its "ARREARS" "the rears" seems like a reference to someones backside...just so you know....

if you were not working at the time they upped your support what did they base it on?

Have you at least tried to pay something? yes, its hard to pay your bills but your number one bill needs to be your child support.

you need to show at least a good faith effort to pay something towards your childs support.

I do contribute I still need advice

I do pay what I can its not $450 but It is almost half that number monthly, her lawyer amd my ex lawyer came up with that number during our custody trial, they based it on what I made over christmas break, I made $7.00 and what I should be making after graduating. but I was not even employed when they came up with that number, it sucks because It jumped so High, so are you saying if I get a job by may than the judge may let me work out a payment plan,, please help please be nice I am so stressed over this...

I am sure someone who knows more will come in with suggestion. But, consult an attorney like you plan and contact CSE. If you can show a good effort on your part the judge will take this in to account. I don't believe the intentions of CSE or a Judge is to put someone behind bars but rather to make sure the child support is being paid. Of course behind bars you can't pay child support, but your arrears keep adding up so you would pay it eventually. So, Just get some communication started and show you are a good dad that is doing his best . Have you filed your income tax yet?
If you are due a refund this could go toward the arrears,and would be another way to show an effort on your part to catch up.

How would you feel if your ex was saying "Well, I'm doing my best, but I just can't afford to feed the child this week"? That's basically what you're saying. Get a job, do the right thing, and make sure your child is taken care of as the court ordered.

Yeah, if you're making a good faith effort, then that counts for something, but it isn't putting clothes on the child's back.

http://www.valegalaid.org


http://www.dss.state.va.us/family/dcse.html

grrrrrr some of you people are so rude. The guy is asking for help not your personal opinions. This is a child support forum for the last damn time. Men and women should be allowed to post their own threads without biased statements. Quit acting like a bunch of burned heathen mothers.

While I applaud the fact that you were going to college...the bottom line is that you were ordered to pay a certain amount and you didn't. That puts you in contempt of court. A judge almost NEVER forgives arrearages or any portion of arrearages....so you are going to owe that money, plus interest, until its paid back. The judge WILL NOT care that you also have student loans. Your biggest problem is that it really was your choice not to pay your full child support. You could have taken fewer classes at a time, and worked more hours....or you could have worked two jobs during the summer to save up money to cover child support during the school year.

You need to get a job...even a second job...and demonstrate to the judge your intention to fully comply with the child support order from NOW on....PLUS pay back a certain portion of the arrearages each month. If you don't do that....you could possibly get jailed.

When a parent is jailed...they are given a "purge" amount to pay. Its like bail....You have to come up with a lump sum, one way or another or you stay in jail. If you have family that could loan you a couple of grand...so that you could also offer (to the judge) to pay a lump sum at trial, on top of keeping current and making monthly payments....that would REALLY impress a judge.

One small suggestion would be to give your ex all the extra money you have. YOu made the comment that you can't afford to pay more what with the clothes you buy for her when you have her. those are considered gifts and while it is nice, the court will not even consider it. Instead while you are unemployed, give it all to the ex, so that you are not racking up as much in back CS.

Kansas4me said:

One small suggestion would be to give your ex all the extra money you have. YOu made the comment that you can't afford to pay more what with the clothes you buy for her when you have her. those are considered gifts and while it is nice, the court will not even consider it. Instead while you are unemployed, give it all to the ex, so that you are not racking up as much in back CS.

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But don't give it directly to the ex....pay it through the CS agency so that it gets properly credited.