My fiance is scheduled to be released from the DRC in Michigan the end of July, first part of August. He was just informed today that Elkhard, Indiana has issued or is going to issue a felony child support warrant for him. He is freaking out because he has been incarcerated for 15 months and not able to pay anything. He is afraid that Indiana will come and pick him up when he's released from Michigan and have to serve more time for this. We notified the child support division that he was in prison, so I need to find out what else I can do to keep him from having to serve more time. Yes, he is in arrears and was prior to going to jail, but he was making payments and has full intentions of continuing his payments upon his release. Please help me figure out how to help him.
Divorce / Separation Lawyer
Felony nonsupport requires that the failure to pay was willful. Sounds like, at least recently, his was not willful. They might very well come pick him up when he gets out or thereafter, but with the help of a good criminal attorney, he may be able to avoid serving additional time.
The foregoing is not intended to be specific legal advice, but rather general information. Because of the nature of this online, non-confidential forum, and because each and every family law case is different, it is impossible for any attorney to consider all of the facts of your specific case and provide a concrete answer. If you require specific legal advice, you should retain a qualified attorney in your area.
2 lawyers agree
Family Law Attorney
I agree with the assessment of my colleague above. The primary goal of Child Support Enforcement is to ensure children receive the support to which they are entitled. If you are communicating and cooperating with the IV-D office, especially if your fiancé does in fact owe the support, they may be more likely to work with you on a resolution to the arrears, as opposed to requesting jail time or even pursuing further prosecution. It is important to note, child support cannot be retroactively modified. As such, your fiancé will owe for the past 15 months since he has not paid. In the interim, he should file a motion to modify child support as the court might grant him some relief between now and his scheduled release date since his inability to pay has been due to incarceration. This would alleviate the amount of arrearage incurred in the future.
Responses by Dawn M. Boyd, Attorney At Law, to inquiries on this site are based on the information provided and are for general information only. Any responses and information presented should not be construed to be formal legal advice nor establish the formation of a lawyer/client relationship.