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Main Forums => Child Support Issues => Topic started by: mplsfitter539 on Mar 27, 2008, 04:55:38 PM

Title: stay out of jail
Post by: mplsfitter539 on Mar 27, 2008, 04:55:38 PM
does anyone know if I can't afford the cs amount but I pay what I can afford will the system put me in jail anyway. The amount I am supposed to be paying is 1500.00 per month but I can only afford about 300.00 per month. Will paying 300.00 per month be enough to keep me out of jail?
Title: Depends...
Post by: olanna on Mar 27, 2008, 09:30:13 PM
Are you in the same county as your children? And are you making the same amount that you were when the judge gave the CO for $1500 a month?

Have you tried to get it lowered?  If you are making less money, you could apply for a reduction with a re-evaluation of the current ability to pay.
Title: RE: stay out of jail
Post by: leon clugston on Mar 29, 2008, 11:19:10 AM
The jail law, like some others is dependant upon willfull failure.
If you willfully fall behind, or willfully dont pay then you can go to jail"so they say" but it is still dependant upon youre intent, no person can be held if they are trying to pay. That was at least one thing the feds got right in there regulations.
Title: RE: stay out of jail
Post by: mplsfitter539 on Mar 29, 2008, 11:26:16 AM
I knew that willfulness entered into the equation but in my case the court determined that I could pay way more than I can. I haven't worked in over 5 years do to health issues but they don't want to hear about that. Anyway what they want me to pay and what I can pay are worlds apart. They want me to pay 1500 per month and I can only afford 300 per month. Will the 300 keep me out of jail?  
Title: RE: stay out of jail
Post by: leon clugston on Mar 29, 2008, 12:03:53 PM
if they follow the state guidelines, and the cooperative agreements "contracts" as they openly agreed to and signed, then it should keep you out of jail. But stranger things have happened, but at least if they do take you, then you have youre constitutional seizure, and youre entry to federal court.
The key like so many other things is to be able to produce the essential fact that you are not willfully underpaying"underworking" ie. in youre case as you say you have a physical ailment "health" as long as its medicaly reconized then you should be saved.
I personaly though would move for a modification if the above is true,
for one being that is what the state will use against you, is that you did not exercise due dilligence to try to resolve the situation, in which case if you were detained then you can show you willfully tried with due dilligence to resolve the situation.
Title: RE: stay out of jail
Post by: ocean on Mar 29, 2008, 12:35:27 PM
Are you getting disability since you can not work? When was the last time you asked for a modification?

Where are you getting the money to pay the $300 if you are not working? Ask for a modification and bring in documentation (from dr.s that you can not work...file for disability if you meet the requirements and hand that in). Then you should get a modified amount but you will be responsible to pay off the arrears. Usually they make a deal $50 more until it is paid off.