Incarcerated And Ordered To Pay Support

[Sugarbaby1977]

What is the name of your state? DC

MY HUSBAND IS CURRENTLY INCARCERATED, HAS BEEN SO SINCE AUGUST 2003. EARLIER THIS YEAR HIS DAUGHTER'S MOTHER DECIDED TO GO BACK AND FILE FOR SUPPORT FOR HER DAUGHTER (NOT THAT THAT'S A BAD THING), IT'S JUST THAT SHE KNOWS THAT MY HUSBAND IS INCARCERATED AND UNABLE TO PAY. WHEN I SPOKE TO HER SHE SAID THAT I WOULD JUST HAVE TO PAY FOR HIM. I POLITELY TOLD HER THAT, THAT WAS OUT OF THE QUESTION, ESPECIALLY WITH ME HAVING 3 OF MY OWN THAT I MUST CARE FOR WHILE HE IS AWAY. THE COURT ORDERED HIM TO PAY $80/MONTH. IS THERE ANYTHING THAT WE CAN FILE IN ORDER TO STOP THIS ORDER UNTIL HE IS RELEASED? HIS PENDING RELEASE DATE ISN'T UNTIL 2/2013

 

[Neal1421]

I do not believe that the order can be cancelled due to him being in prison, the only way for it to be dropped is if the person who originally filed for the order decides to have it dropped and even then he will probably be in arrears. He will have to pay it. I am not sure if they can come after you for it or not but he will have to pay the support plus arrears and interest when he is released.

 

[betterthanher]

What is the name of your state? DC

MY HUSBAND IS CURRENTLY INCARCERATED, HAS BEEN SO SINCE AUGUST 2003. EARLIER THIS YEAR HIS DAUGHTER'S MOTHER DECIDED TO GO BACK AND FILE FOR SUPPORT FOR HER DAUGHTER (NOT THAT THAT'S A BAD THING), IT'S JUST THAT SHE KNOWS THAT MY HUSBAND IS INCARCERATED AND UNABLE TO PAY. WHEN I SPOKE TO HER SHE SAID THAT I WOULD JUST HAVE TO PAY FOR HIM.

And she is dreaming. IMO, it was even a stupid move for her to file for support from someone who ain't gonna see the light of day for 8 years. The amount of support she'll get won't be much -- if anything.

 

[BelizeBreeze]

Now for the CORRECT answer.

First, the support obligation is NOT yours. It belongs to your husband.

Second, the order, once issued, cannot be cancelled except by the court. In the case of inmates, the order will be suspended as to contempt but not as to payments. Therefore, when he gets out of jail he will automatically have arrears assigned.

They will then be attached to the original order and a portion added to his obligation. (i.e., if the origianl order is for $500 a month and the arrears constitute 10,000, his order will be amended to $600, $500 plus $100 towards arrears).

 

[seniorjudge]

Now for the CORRECT answer.

First, the support obligation is NOT yours. It belongs to your husband.

Second, the order, once issued, cannot be cancelled except by the court. In the case of inmates, the order will be suspended as to contempt but not as to payments. Therefore, when he gets out of jail he will automatically have arrears assigned.

They will then be attached to the original order and a portion added to his obligation. (i.e., if the origianl order is for $500 a month and the arrears constitute 10,000, his order will be amended to $600, $500 plus $100 towards arrears).

Agreed.

He will have something to look forward to when he gets out...making up all those arrearages. It will help salve his conscience.

 

[SingleMom67]

Agreed.

He will have something to look forward to when he gets out...making up all those arrearages. It will help salve his conscience.

Right. And at $80 a month, it could be a whole heck of a lot worse!

 

[VA_Mom]

Is he actually working while incarcerated? Meaning earning something for example being the cook, creating license plates, etc. If so, the support order will take the money from that income. Even though it is very low income work that will help keep the arrears down some.

If he is not working/earning income while incarcerated, I didn't think a judge would order support. Either way none of the children should suffer for his personal mistakes.

 

[NotSoNew]

80 dollars a month!!!!!!!

 

[LdiJ]

What is the name of your state? DC

MY HUSBAND IS CURRENTLY INCARCERATED, HAS BEEN SO SINCE AUGUST 2003. EARLIER THIS YEAR HIS DAUGHTER'S MOTHER DECIDED TO GO BACK AND FILE FOR SUPPORT FOR HER DAUGHTER (NOT THAT THAT'S A BAD THING), IT'S JUST THAT SHE KNOWS THAT MY HUSBAND IS INCARCERATED AND UNABLE TO PAY. WHEN I SPOKE TO HER SHE SAID THAT I WOULD JUST HAVE TO PAY FOR HIM. I POLITELY TOLD HER THAT, THAT WAS OUT OF THE QUESTION, ESPECIALLY WITH ME HAVING 3 OF MY OWN THAT I MUST CARE FOR WHILE HE IS AWAY. THE COURT ORDERED HIM TO PAY $80/MONTH. IS THERE ANYTHING THAT WE CAN FILE IN ORDER TO STOP THIS ORDER UNTIL HE IS RELEASED? HIS PENDING RELEASE DATE ISN'T UNTIL 2/2013

You already got your answers...however I ran an amortization schedule on that 80.00 per month. If he is released in 8 years he is going to have arrearages (including interest) of about 10,000 when he gets out. About 2500 of that is going to be interest. It also could get higher if interest rates get higher.

If you believe that you and your husband will be staying together, then you may want to consider paying that 80.00 a month if you can afford it....or even paying part of it to keep the arrearages lower. It all depends on whether you want that financial burden now, or later. If you don't believe that you will stay together, then it really won't be your issue financially.

 

[Sugarbaby1977]

Thank you all for your answers. I kinda figured that's how it would be. I guess I'll be starting to make those payments for him. This will make the mother very happy.

 

[seniorjudge]

Thank you all for your answers. I kinda figured that's how it would be. I guess I'll be starting to make those payments for him. This will make the mother very happy.

No, you should not be paying this bum/jerk's bills.

 

[Content]

Thank you all for your answers. I kinda figured that's how it would be. I guess I'll be starting to make those payments for him. This will make the mother very happy.

Woman where is your head? You have 3 kids with this man and you said it will be 2013 before he's released??? You are the sole supporter for your 3 kids now and your going to sit around waiting on him to get out and cover his cs bill at the same time? You really need your head examined.

 

[Sugarbaby1977]

My head is with my family, which includes my husband. All of my children aren't his either. I make enough money to do so, it's not like it's a $500/ month payment. Yes I'm waiting for my husband. I took a vow before him and GOD to stay with him in GOOD TIMES AND BAD, IN SICKNESS AND IN HEALTH UNTIL DEATH DO US PART! Besides that why have my husband pay more when I can do this for him. If his daughter was with me I would treat her the same as I treat my children. My husband is not a bum or a jerk. He was with some people that did something and because he was with them after the fact he got caught up with them. He will probably be released well before 2013, we are awaiting his resentencing. It is all about family. If I don't pay this then he would owe and it would still partial come from my pocket so why not go ahead and pay what they have told him to pay now. Only makes sense to me. I have to think about the present as well as the future and for the sake of our future and our children's future why not make the small payments now versus bigger payments later. My kids aren't young as a matter of fact, by 2013 I will have my oldest going to college. My husband's daughter will be going to college the year after that. How can we afford to send them to college with a $10,000 + bill over our heads? I sometimes think that people don't look at the whole picture. The whole picture gives you more insight than that small little window you're looking through!

 

[VA_Mom]

I'm going to say this because I have had first hand experience with this issue so I know what I am talking about.

He has been incarcerated for two years. Unless you are recieving conjugal visits, he may not be coming back to you when he is released and if he does, be prepared for more obstacles to overcome. I don't need to elaborate.

I just really hope you are ready for that.

 

[stephenk]

Is he as religious as you? I doubt it. He is laughing his ass off knowing you are paying his support obligations.

Are any of your babies daddies paying you support ?