1. friend has not caught up on payments. he hasn't been working for the past year.
2. he says he didn't know his license was suspended until an officer pulled him over for a broken tail light.
OK, this is what I figured. He was to appear on a citation for driving on a suspended license. I don't have the time to research Maryland child support laws or the requirements for notification when the state suspends someone's driving privileges. I do know that in my state, California, the person has to be aware of the fact that their license is suspended before they can be charged with driving on a suspended. Now I imagine your boyfriend knew it was coming and maybe even knew it was suspended. However, if your state requires him to be served notice of the suspension, (which I believe is probably the case, but don't take it to the bank) then he could have beat the driving on a suspended charge had he appeared and the state couldn't show proof of notification. This would most likely have been done by certified or registered mail, where your boyfriend would have had to sign for the letter from the department of motor vehicles.
Now when he was pulled over, the officer making the stop would have served him notice at the time he was stopped and possibly even had him sign something to that regards. This would have been separate from the citation he signed. Anyway, after that stop, he would no longer be able to claim he wasn't aware of his driving privileges being suspended.
3. he went to court awhile back and he had like 30 days or something to pay his back child support until his next court date. his next court date came around, he was still unemployed and did not pay any back support, so he was scared and just didn't show up for his court date. this then caused the bench warrent.
Well your talking about two separate things here. The failure to appear on the driving on suspended, is going to generate a bench warrant. As far as what the judge was going to do if he didn't make his payments on back support I couldn't say. He'd be the one to ask.
Now as far as going to jail. I would guess that if he appeared in court with enough money to make a substantial dent to wards what he is in arrears on child support, that he could avoid spending time in jail. No one makes any money sitting in jail and the judge knows this. So if he were to go in with money and possibly proof of employment to show he can make his monthly payments, then he'll probably be OK. If he goes in with no money, no job and another song and dance routine, then he probably needs to go to jail.
All these problems revolve around his failure to pay support. Hence, all these troubles can go away if he pays what he owes. This is really what the court is after and something he shouldn't be forced into doing anyway. After all, he made the babies, why is he running from them now?
As a side note, I hope your taking a good look at his lack of concern and failure to be there for his child(ren) and consider this before you make the same mistake his last partner made....
You shouldn't have to be holding this guy's hand and leading him to the fountain of responsibility, he should man up and find it on his own!
