Revolving Door?

[stargazer0725]

What is the name of your state? Texas

My ex was finally found in Civil Contempt for non-payment of CS and sentenced to jail on a work-release until a bond of $11,000 is paid on his CS arrearage (yes, that's payment in full folks).

I've had a couple people approach me and mention that he could possibly find some sort of legal "loophole" to get himself out of jail without coming up with the money. Has anyone heard of a precedence on this?

Part of me wants to believe that the system has finally worked for me over the last 4 years, but I don't want to take too much for granted.

 

[tigger22472]

I wouldn't hold your breathe on him being there until the full 11K is paid.

Considering the charge is likely "failure to support a dependent" since it's illegal to put someone in jail for a debt, I'm sure there is a lawyer somewhere that will convince or at least attempt to convince a judge he's learned his lesson and he will continue to pay a set amount plus arrears.

 

[nextwife]

If he CAN"T or doesn't come up with the full balance, do you REALLY believe they will keep him locked up forever?

 

[stargazer0725]

I don't expect him to be kept in jail forever for his arrearage - it would be unreasonable. However, I'm hoping the system gives him enough time to at least make a determined effort to improve his situation. If he manages to get out after only a few days without making any effort, what kind of message does that send?

Don't read more into my question that what is there. He's gotten by for this long on his ability to manipulate the system. My question was whether there was a legal precedence for having the incarceration dropped without the obliger trying to make good on any portion of his child support.

I'd seriously be happy with a tenth of what he owes me in the immediate future, but am concerned whether he can just get off scott-free.

 

[LdiJ]

I don't expect him to be kept in jail forever for his arrearage - it would be unreasonable. However, I'm hoping the system gives him enough time to at least make a determined effort to improve his situation. If he manages to get out after only a few days without making any effort, what kind of message does that send?

Don't read more into my question that what is there. He's gotten by for this long on his ability to manipulate the system. My question was whether there was a legal precedence for having the incarceration dropped without the obliger trying to make good on any portion of his child support.

I'd seriously be happy with a tenth of what he owes me in the immediate future, but am concerned whether he can just get off scott-free.

He will probably get an attorney and negotiate the "purge" amount down. He won't get out without paying something...but its unlikely to be the full amount. The only way that he might get out without paying anything is if there are any serious overcrowding issues at the jail......when then happens non-violent offenders tend to get released on their own recognizance.

However...expect him to get released upon paying a certain amount as a purge, with him agreeing to a payment schedule for current support and the balance of the arrearages.

 

[stargazer0725]

Thanks LdiJ. So it could come down to overcrowding or the mercy of the court. That's what I needed to know! Much appreciated...