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No job to pay support

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wtrimm

Junior Member
What is the name of your state (only U.S. law)? North Carolina

My boyfriend has been out of a job since March 2011. He was up to date on child support when he lost his job. Now he is behind 6 months. He doesn't have a drivers license because of a DWI. He has done everything he can do to get them back other than go to a hearing which he cant until Aug 2012. No one will hire him w/o a license and if he does get a job he will be driving illegally to that job. Were trying to save the money to hire a lawyer to get his license back. But now they are trying to serve him with court papers for CS. Is there anything we can do to keep him out of jail?:confused:
 


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Proserpina

Senior Member
wtrimm said:
What is the name of your state (only U.S. law)? North Carolina

My boyfriend has been out of a job since March 2011. He was up to date on child support when he lost his job. Now he is behind 6 months. He doesn't have a drivers license because of a DWI. He has done everything he can do to get them back other than go to a hearing which he cant until Aug 2012. No one will hire him w/o a license and if he does get a job he will be driving illegally to that job. Were trying to save the money to hire a lawyer to get his license back. But now they are trying to serve him with court papers for CS. Is there anything we can do to keep him out of jail?:confused:
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Yeap.

Pay his support.
 
T

torimac

Member
wtrimm said:
What is the name of your state (only U.S. law)? North Carolina

No one will hire him w/o a license and if he does get a job he will be driving illegally to that job.
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And tell him to start applying to different jobs. I have a decent job and there was no driver's license required, just a form of ID. He can get a state ID and apply for jobs that do not require driving.
 
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wtrimm

Junior Member
He has applied for many jobs. But if he gets pulled for driving with revoked license he goes to jail for that!
 
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Proserpina

Senior Member
wtrimm said:
Then how is he supposed to get to work?
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That's his problem.

Really. So is his child support.

If he's involuntarily unemployed, he can file to modify his current order but it won't get rid of what he already owes.

So, help him pay it off. Or don't.
 
S

Silverplum

Senior Member
wtrimm said:
He's not trying to get out of his obligation's, just trying to stay out of jail so he can pay!!!
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Okey-dokey.

I don't know what you think we can do for him, or what you think we ought to do...but there's nothing to be done.

Kid needs to eat. Kid needs clothing. Kid needs lots of other stuff.

Dad has to figure out how to help to provide those things. Old story, that's the way life has always been.
 
C

commentator

Senior Member
Getting his license back is not his priority, and as you said, he can't until enough time has passed anyway. Getting his child support reduced, paying back the back support he now owes, is the priority. He needs to get to court and get the support altered if possible, or it will keep rolling on and he will keep owing more and more until he never gets up to date again. Was he working when he got the DUI, and did he lose the job because of it? Is he drawing unemployment right now?

I understand that there is little public transportation in rural North Carolina. But many people do not have drivers licenses. They have to catch rides or have someone take them to work every day. If you have a license, you can take him to work and go get him for his shifts. He can pay someone he works with when he does get a job. It seems he did not think about this before the DUI, and now he's still stuck in the," But they can't do this to me, I have a God given right to drive or I can't get a job!" routine. He'll get very little sympathy from the court system if that's his only excuse for not paying his child support. August of 2012 is a long way away, and if he's not looked for and found a job between now and then, he'll probably be in jail for non- support.
 
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psilver063

Junior Member
Him not having a license is not the courts problem. (not trying to be a smart butt) Like said previously there may be grounds for modification since he lost his job involuntarily but if he lost his job because he got a DWI and lost his license I wouldn’t expect a judge to show much if any sympathy.

Also if he is going to file a motion to modify CS then he needs to do it now. Since he is yet to file a motion to modify, the court is going to keep charging him all of those arrears. Once the motion is filed and if the judge allows it, the court can modify the support retroactive to when the motion was filed. This of course wouldn't take place until his court date. Anything before the date the motion is filed he is going to pay, nothing he can do about it. He needs to find money somehow and pay his CS, he also needs to deal with the fact he is without a license until he gets his hearing. The CS is far more important than the license. As far as jail time, he may get a little slack from the judge if it is his first time falling behind. Most courts understand that the SC payor is better off being a productive citizen then being locked up. Probably is going to require extra money per month tacked onto the CS payment or a lump sum at the time of court. All depends on the court and the judge.

As far as work, I know that Mc Donalds doesnt require a license nor does a gas station or a movie theater. Find something close to home.
 
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