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Can ex-spouse be on a work release program while in jail for unpaid child support?

Ashburn, VA |

My ex-spouse owes over $6,000 in unpaid child support. They have been in jail once before for not paying and paid in full to get out. My dilemma is that if they go back to jail then I get no money whatsoever but if I don't take them back to court then they pay very little or none at all. If they go to jail and can't pay in full to get out will they be put on a work release program to pay the arrears in Fairfax county?

Attorney Answers 1

Posted

The decision to authorize work release is up to the judge in the case in which your ex-spouse was sentenced to jail. And then of course they can only be allowed work release if they have a job.

You might want to consider having your child support paid to you through the Department of Social Services (DSS), Division of Child Support Enforcement (DCSE). The Division has many avenues of receiving money that are not normally available for an individual (such as interception of tax refunds or the suspension of driving privileges).

Kristina Beavers, Attorney at Law is located in Yorktown, VA and can be contacted at 757-234-4650. The website at http:\\www.BeaversLaw.com may be able to provide additional information about your situation. I cannot give legal advice because there is no attorney-client relationship at this time. All I can provide is general legal information.

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Posted

Thank you for your reply. Unfortunately, they are a bartender and there is no way to receive the support through the state since their income is all tips. Would they be eligible for work release as a bartender or would the jail put them in a "normal" day job? Are they forced to pay the child support with their wages while in jail?

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