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.
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.