My boyfriend owes bout 6300 in back child support as of Dec. 1st. He currently has a lawsute he will be recieving by Jan. or Feb. He is scheduled to appear in court on Dec.8th and the papers he got said he would be going to jail for up to 180 days including all back payment and court fees etc. I was just informed that he could ask for payment plan. If he can come up with 200 on the first and every month after do you think he could ask for a payment plan even though they want a larger sum up front but that is all he can come up with. Also should he send off the 200 he can get on the 1st to child support or should he take that amount with him. Do you think this will help help keep him out of jail?
Family Law Attorney
Well he was already given a payment plan when he was first put on child support. $6300 shows he ignored it for a long time. Most AGs will want way more than $200. Someone who hasn't supported their child for that long should raise a big Red Flag with you,
Divorce / Separation Lawyer
Sounds like your boyfriend has already been held in contempt and given community supervision in which all payments had to be made on time or else his community supervision would be revoked and he then goes to jail. Your boyfriend needs to hire an attorney or make a significant payment - more than $200 - to avoid going to jail that very day. It is still in the Court's discretion to order him to jail or not. He's just going to have to take his chances with the Judge at the hearing. If he doesn't show up, they will issue a warrant for his arrest and he will have a default judgment of contempt. Not good.
This is general legal advice. An attorney-client relationship has not been formed. Please contact an attorney for specific advice on your case.