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2 1/2 years for child support warrant???

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confusedwife80

Junior Member
State of Michigan....as I stated earlier my husband was pulled over this morning and picked up for a warrant on CS......

They're now telling him hes being charged with "felony child neglect" and he needs to pay $14,000 (which is double what he owes) or face 2 1/2 years incarcerated....

How likely is the 2 1/2 years? :confused:
 
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BelizeBreeze

Senior Member
confusedwife80 said:
State of Michigan....as I stated earlier my husband was pulled over this morning and picked up for a warrant on CS......

They're now telling him hes being charged with "felony child neglect" and he needs to pay $14,000 (which is double what he owes) or face 2 1/2 years incarcerated....

How likely is the 2 1/2 years? :confused:
You are married to a loser who is going to prison unless he pays his back child support.

Section 165 of the Michigan Penal Code, makes it a felony for a person to refuse or neglect to pay court-ordered child support and leave the state, does not require the prosecution to prove that the defendant left the state for the purpose of avoiding the obligation to pay child support.

Section 165 of the Michigan Penal Code, 1931 PA 328, MCL 750.165; MSA 28.362

Where in any decree of divorce, or decree of separate maintenance granted in this state, or by order entered during the pendency of any such proceedings, if personal service is had upon the husband or upon the father of any minor child or children, under the age of 17 years, or such husband or father shall have entered an appearance in such proceedings either as plaintiff or defendant, the court shall order such husband to pay any amount to the clerk or friend of the court for the support of any wife or former wife who by reason of any physical or mental affliction is unable to support herself, or father to pay any amount to the clerk or friend of the court for the support of such minor child or children, and said husband or father shall refuse or neglect to pay such amount at the time stated in such order and shall leave the state of Michigan, said husband or father shall be guilty of a felony.

In People v Gilliam, 108 MichApp 695, 703-704; 310 NW2d 843 (1981), the court analyzed the elements of the offense under section 165 of the Michigan Penal Code as follows:

Thus, it is clear that the statute, as construed prior to the institution of proceedings against the defendant, required a refusal to pay or a neglect of the duty to do so which must have occurred contemporaneously with or prior to a defendant's leaving the state. These are the elements of the offense. There is no vagueness in this regard.
 

confusedwife80

Junior Member
He didnt leave the state? and hes behind on his support because his son is suffering from leukemia and is terminally ill and he chose to be there with him in the hospital....
 

tigger22472

Senior Member
confusedwife80 said:
He didnt leave the state? and hes behind on his support because his son is suffering from leukemia and is terminally ill and he chose to be there with him in the hospital....

He's over 6K behind in support because of being at the hospital?
 

confusedwife80

Junior Member
No, Im sorry let me say that differently he was paying weekly plus arrearages and then his 7 year old was placed in the hospital...I will openly admit he was behind before we were together but working on paying what he owed.....and working hard at it.....but when his son got sick he chose to be at the hospital...there was a hold placed on one of the cases and the other case apparently never had a hold placed??? Im sorry if I didnt state that correctly...

also, I deal with an ex husband who doesnt pay now...Im not saying he shouldnt have to take responsiblity for what he owes but 2 1/2 years? Doesnt that inturn make him even farther behind?? and the mother even worse off? with another 2 1/2 years guaranteed no support?
 

BelizeBreeze

Senior Member
confusedwife80 said:
He didnt leave the state? and hes behind on his support because his son is suffering from leukemia and is terminally ill and he chose to be there with him in the hospital....
really? And who forced him to be there 24/7? Or was he?

your facts are not ringing true. So either come back with the entire story or find someone else to tell this sad story to.
 

confusedwife80

Junior Member
My facts are very true...again I apologize if everything doesnt fit perfectly...

Also, I apologize if you feel Im giving you a "sad story" like I stated...Ive not had support paid to me in 6 years so I know both how it feels to not be paid...and how it feels to not be able to pay.......

Sorry to bother you...I was just looking for some answers to questions....

Also, if your child was dying Im sure youd chose to be there 24/7 also.....
 

BelizeBreeze

Senior Member
confusedwife80 said:
My facts are very true...again I apologize if everything doesnt fit perfectly...

Also, I apologize if you feel Im giving you a "sad story" like I stated...Ive not had support paid to me in 6 years so I know both how it feels to not be paid...and how it feels to not be able to pay.......

Sorry to bother you...I was just looking for some answers to questions....

Also, if your child was dying Im sure youd chose to be there 24/7 also.....
the court won't care if the facts don't gel. The fact is, to amass a debt of this proportion takes years. And in all of that time he had the chance to ask the court to amend the award or stay it until the facts warranted.

he did not. now he gets to pay the price for his inaction.

And since you brought it up, what child are you talking about now? You keep saying 'his child' so you explain, is this ANOTHER child with another woman or what?
 

confusedwife80

Junior Member
He has two children with a woman from a prior relationship (which he is in arrears on)

a child with his ex wife (child with leukemia)

and a child from a prior relationship...(which support is on hold for)
 

BelizeBreeze

Senior Member
confusedwife80 said:
He has two children with a woman from a prior relationship (which he is in arrears on)

a child with his ex wife (child with leukemia)

and a child from a prior relationship...(which support is on hold for)
Then he has nothing to say in this matter. He needs to keep it in his pants.

The court will ask him plain and simple why he thinks one child deserves more attention than the other three? and his answer won't matter much.

He made his decisions. Now he gets to live with them.
 

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