jail for non-payment

[nomeansno]

What is the name of your state? CO

I've tried looking this up with no success. While the websites say that person can be put in jail for non-payment of child support... none of them say anything about a time limit or amount owed.

I've kind of gone into the situation before so I wont go into it here. However, my husband has been out of work since March due to an injury and thus hasn't paid his child support. So he's what, six or seven months behind on his obligation.

They took his license about three months ago, and I keep telling him that he needs to try and pay something or he will go to jail.

I feel kind of mean saying this, but I refuse to pay his obligation for him. I figure he is a big boy, and he is capable of facing the consequences of his own actions.

I love him, but cleaning up his messes for him has only made him more irresponsible. So if it takes jail time for him to figure out how he plans to pay his child support then I guess that's what it takes.

So does anyone know how long they usually wait before sending a person to jail?

Just kind of... planning for the future.

 

[LdiJ]

What is the name of your state? CO

I've tried looking this up with no success. While the websites say that person can be put in jail for non-payment of child support... none of them say anything about a time limit or amount owed.

I've kind of gone into the situation before so I wont go into it here. However, my husband has been out of work since March due to an injury and thus hasn't paid his child support. So he's what, six or seven months behind on his obligation.

They took his license about three months ago, and I keep telling him that he needs to try and pay something or he will go to jail.

I feel kind of mean saying this, but I refuse to pay his obligation for him. I figure he is a big boy, and he is capable of facing the consequences of his own actions.

I love him, but cleaning up his messes for him has only made him more irresponsible. So if it takes jail time for him to figure out how he plans to pay his child support then I guess that's what it takes.

So does anyone know how long they usually wait before sending a person to jail?

Just kind of... planning for the future.

Generally what happens is that the obligor gets hauled into court for contempt, and is ordered to pay his current support plus an additional amount to start paying down the arrearages. If the obligor is does not start paying currently and in full at that point, that is when the judge starts threatening jail.

If he does get jailed, then generally there is a purge amount that has to be paid in order for him to get released from jail.

However, please realize that your tax refund is probably going to get seized for the arrearages. You can file an injured spouse form with your return, but be prepared to have to wait 6-8 weeks for your refund, and you may not get the whole thing. Whatever portion the IRS attributes towards his exemption etc., will still get seized.

You can file married filing separately, but you lose alot of credits that would normally be available doing that, and the tax rates are higher...so that's generally not a good idea.

 

[nextwife]

Generally what happens is that the obligor gets hauled into court for contempt, and is ordered to pay his current support plus an additional amount to start paying down the arrearages. If the obligor is does not start paying currently and in full at that point, that is when the judge starts threatening jail.

If he does get jailed, then generally there is a purge amount that has to be paid in order for him to get released from jail.

However, please realize that your tax refund is probably going to get seized for the arrearages. You can file an injured spouse form with your return, but be prepared to have to wait 6-8 weeks for your refund, and you may not get the whole thing. Whatever portion the IRS attributes towards his exemption etc., will still get seized.

You can file married filing separately, but you lose alot of credits that would normally be available doing that, and the tax rates are higher...so that's generally not a good idea.

Of course, if there is no refund, that is all irrelevant.

The point of jailing is the presumption that somehow the NCP has access to money they are not using to pay the arrearage, and that they will "come up with" money for the purge when jailed. It will be interesting to see how long they will keep him jailed if neither wife nor anyone else chooses to use their own money to pay his purge and he has no money for the purge.

 

[TinkerBelleLuvr]

OP - has dad at least tried filing for a temporary reduction in CS?

 

[fedupinIL]

Like the previous posters said, he will be ordered to pay a certain amount as a purge or the full amount in order to get out of jail.

There is a guy (not sure what state it is) that was held in contempt for non payment of child support or spousal support (not sure which one but I think it was spousal support) and he has decided to remain in jail so that he doesn't have to pay. He has been in jail for years just for that reason alone and all by his choice.

 

[CJane]

Is he also still not attending counseling as ordered after the child abuse case?

Is he drinking?

Is he even seeking work of any type?

 

[Gracie3787]

What is the name of your state? CO

I've tried looking this up with no success. While the websites say that person can be put in jail for non-payment of child support... none of them say anything about a time limit or amount owed.

I've kind of gone into the situation before so I wont go into it here. However, my husband has been out of work since March due to an injury and thus hasn't paid his child support. So he's what, six or seven months behind on his obligation.

They took his license about three months ago, and I keep telling him that he needs to try and pay something or he will go to jail.

I feel kind of mean saying this, but I refuse to pay his obligation for him. I figure he is a big boy, and he is capable of facing the consequences of his own actions.

I love him, but cleaning up his messes for him has only made him more irresponsible. So if it takes jail time for him to figure out how he plans to pay his child support then I guess that's what it takes.

So does anyone know how long they usually wait before sending a person to jail?

Just kind of... planning for the future.

Is the only reason he's not working because of his injury?

If so, it's possible that he might not be found in contempt. Basically, a court has to make 2 findings before making a finding of contempt:
The court has to find that 1.- the NCP has/had the ability to pay, and 2.- the NCP willfullly refused to pay. In a situation where a NCP is injured and unable to work, with no ther income of HIS OWN, a law abiding Judge would have a hard time making a finding of willfull contempt.

However, if there is evidence that the NCP could have made some payments, or was using the injury to delay paying, a finding of contempt could be made.

You are worried about your future, I don't have time right now to read your previous posts, but I get the impression that there's more to this than in this thread. Begin now to prepare for a future without much of hubby's income. If you don't already have a seperate bank account, get one ASAP. If you make any major purchases, make sure that they are made with YOUR income and in your name only.

 

[nomeansno]

Awww... you remembered, or at least checked.

Is he also still not attending counseling as ordered after the child abuse case?

Is he drinking?

Is he even seeking work of any type?

He finished his sessions, and is still sober. He has a few months left of probation, but the judge said she will drop the charges provided he finishes his probation. She said she was proud of him.

The two of us have been running a business inside of a virtual world selling avatars. It's a rapidly growing field and there is a lot of money to be made. IBM is discussing the possibility of taking the game net wide and essentially turning the internet into a linked 3-d virtual world. Pretty cool.

I am waiting on my Grant from the State to expand our business, and to provie me with software needed to provide other services that sell in the virtual world.

My husband was recently accepted on the same State disability program that I am on. I'm not sure how much pull our acceptence letters will have in a court if needed but mine rates me at "persons with most significant disabilities" he is one lower that me at "persons with significant disabilities"... I don't know how one goes about certifing a disability, but that is what we do have.

He is hoping to seek training in computer games... even if the virtual world fails there is still a huge market. He has been in construction his entire life, most of that working for the same company.

This program is requiring him to obtain a GED before they will pay for the surgery.

That's where you get in a bind when you are poor... it really kind of sucks. If he gets a job, then he gets kicked off the program, doesn't get his knee fixed. .

If he doesn't get a job, and can't pay child support he goes to jail, then not only doesn't he get his knee fixed but he can't get the training her needs in jail... err... can he?

At this point he is about $2000 behind. Three months at the previous $500, and the rest at the reduced $190.

The modification hearing was three months ago I think.

So he is working, we both are... it's just in a non-traditional field and it's hard to explain to someone from the outside of it. He recently took on a second job in world for $40 a month, It averages about $5 a day, weekends only. Minimum wage doesn't apply in virtual worlds... yet.

Our business brought in about $100 the first month we opened it, last month it fell to about $50 so we took a chance and expanded it hoping to bring in more customers and vendors.

I was hoping it would at least bring in enough to cover child support, but after expenses we are getting less than $100.

I've tried talking to him about taking care of his responsibilities until I'm blue in the face. I can't keep worrying about it because stress triggers bad episodes in my health. So I decided I am going to try not to worry and let him figure out what to do about it.

If he wants to be stubborn and end himself up in jail, then I guess that's what happens.

So, there is no actual time frame... it's just at the judges discretion?

I know all about them siezing taxes. They do it to us every year for six years now, then they realize they made a mistake and long about July we get the rest of the check. II think his employer was holding out payments... but I don't know for sure. Figured they would take it all this year and keep it, I'm good with that.