Ex-Husband Might Go To Jail

[catsmouse]

What is the name of your state (only U.S. law)? NC

My ex-husband has another court date for child support contempt proceedings before his summer visitation with our daughter is over. I've been told by the support enforcement case worker and my ex-husband that he's probably going to be arrested at that time. If he's in jail, would I be legally allowed to get our daughter before his visitation is over? His family members would be able to care for her for the remainder of her visit if he's in jail.

 

[LdiJ]

What is the name of your state (only U.S. law)? NC

My ex-husband has another court date for child support contempt proceedings before his summer visitation with our daughter is over. I've been told by the support enforcement case worker and my ex-husband that he's probably going to be arrested at that time. If he's in jail, would I be legally allowed to get our daughter before his visitation is over? His family members would be able to care for her for the remainder of her visit if he's in jail.

Normally when someone is arrested for non-payment of child support they have the opportunity to pay a purge amount and get released. Therefore you cannot assume that he is going to be spending any particular amount of time in jail. It might not even be an overnight if he can come up with the purge amount.

Also, if jails are overcrowded, the first people who tend to get released are those who have been arrested for not paying child support.

 

[catsmouse]

Normally when someone is arrested for non-payment of child support they have the opportunity to pay a purge amount and get released. Therefore you cannot assume that he is going to be spending any particular amount of time in jail. It might not even be an overnight if he can come up with the purge amount.

Also, if jails are overcrowded, the first people who tend to get released are those who have been arrested for not paying child support.

Thank you for the response. What if he doesn't pay the purge or get released within 2/3 days? Am I within my rights to get her early?

 

[LdiJ]

Thank you for the response. What if he doesn't pay the purge or get released within 2/3 days? Am I within my rights to get her early?

Yes, you probably would be within your rights to get her early, but I wouldn't push it unless you were certain that dad was going to be in jail for the rest of the visitation period.