Fiancé Jailed for Back Child Support

**theresalakatos** · 01-31-2011, 05:37 PM

My question involves child support in the State of: Florida

2010 was a horrible year for my fiance in Florida. Being a rough carpenter, he lost his job. Because of back ground could not find anything in another field.

He went to child support and told them he could not pay and all they said was - we can not help you. You have to go to court. we can not afford a lawyer and I know really nothing about this. Of course, they would not tell us how else to do this!

So, he took out a loan for college, to get an education in another field and he recieves no cash, just schooling.

Well, needless to say not long after he got the loan - he was picked up on a warrent.

His son is over 18 years old, just recently. He owes back child support. I understand now he needed to file for child support modification! I think it may be too late! He has a court date in Orlando - they are transporting from Fort Lauderdale. My fear is they are going to send him to jail. I can not afford lawyers, If I could, he would not be in jail - his support would be paid if we had it like that!

I really need help! I do not know anything about child support or family court. Since his son is over the age of 18, he should not owe anything further, but just back support. Besides paying 3000.00 to get him out - Is there anything I can do? Please - I need a little guidance.

**Dogmatique** · 01-31-2011, 05:40 PM

Child support does NOT automatically stop - in any state...the parent must actually file.

When it stops also depends on how the order is actually written - in some cases, if the 18 year old is still in high school the parent must still pay support.

And in some states it can go to 19 and even beyond.

So first - what does the order actually say?

And how much in arrears does he owe? Is the $3000 the full amount or the "purge" amount?

(Please don't get angry with the child support people - they a) are only doing their job and b) CANNOT tell you how to go to court...they're not ALLOWED to tell you how to go to court)

**theresalakatos** · 01-31-2011, 05:52 PM

3000.00 is the purge. I do not know how it is written! I really am not mad at anyone! I know they have a job to do. It does not really matter to me if he has to continue to pay child support! Can I still while he is in jail file a child support modification? I dont know how, because I need everything stamped by a notery! With out proper representation or atleast some knowledge on how he can represent himself, he's looking at jail time! ATI which is the college he attends is writing a letter for him, but I do not know what that will do. Doesn't he have a right to something to help himself here? I can be a non-lawyer for him, but how? If he is jail, how do I get a notery? If I did do the paper work - can he file while in jail?

**Dogmatique** · 01-31-2011, 06:04 PM

You can't file for anything on his behalf - he must file himself. You also cannot go to court on his behalf. What you can do, is print off the forms and take them to him. FL family law forms .

Really, without knowing what the actual current orders say it's difficult to advise you further.

Honestly though - if $3000 is the purge amount, that indicates he owes a LOT more than that, and I don't value his chances of not spending at least some time in jail.

Do you have any idea how long he hasn't been paying? Is he able to come up with any money at all? Maybe a repayment plan?

(And honestly I'm not sure I'd include a letter from his school - his primary obligation was to his son, not to his education and sometimes the courts can take a dim view of that)

**theresalakatos** · 01-31-2011, 06:46 PM

In order to take care of his son, he needs education! His field here in Florida is almost non-existant! building is over!! Realistate is done, for awhile anyway! He has a felony background! mc donalds wont even hire him. I watched it! he looked and looked and was rejected because he is a felon. ATI helps him get a JOB! With in 4 months, they can have him working. In his choice of field there is usually no back ground checks and I know someone who can help him get some work, but he needs education. With out education, you go no further in life! You will always be making money at a minimum wage level! Who can support a family on that? America is in financial crisis. I make more than minimum wage and struggle taking care of everything! ATI does help with employment as well, not just education, but job placement.

He did not pay most of 2010 and maybe more - I wanted to, but then where does that leave us? Homeless? How does that help his son? There is enough homeless people in Florida, I really do not want
to join them! my fiance' is tring to better himself, and in doing so, he can help with paying back support. That was his motive for getting education! He is an A-B student! He spent most of his life doing nothing with it!

Forgive me, I am really aggrevated with it all! I do appreciate your advice! Please, do not take me the wrong way! What is a repayment plan? I do not understand. I thought child support was the way he repays. I am not sure, I may be able to help with money. i am filing for taxes. I will not get 3000.00 back, but I will get something. When we are married, wont they expect payment from me? His debt is mine right? I guess I could down grade and pay for him until he gets his lisence, which is only a couple months a way. I sound desperate, right? But, I am sincere. Him being in jail really could mess up his schooling (which is his way out of NO JOB!) I guess the moral of this story is - marry before children, and marry for real love and commitment for life! Thank you for the link! I think it will be too late, he will be in Orlando and in front of a judge probably before next week Wednesday! Isnt it too late for him to file, if he is jailed? Again, thank you!

**Dogmatique** · 01-31-2011, 06:52 PM

Quoting theresalakatos

In order to take care of his son, he needs education! His field here in Florida is almost non-existant! building is over!! Realistate is done, for awhile anyway! He has a felony background! mc donalds wont even hire him. I watched it! he looked and looked and was rejected because he is a felon. ATI helps him get a JOB! With in 4 months, they can have him working. In his choice of field there is usually no back ground checks and I know someone who can help him get some work, but he needs education. With out education, you go no further in life! You will always be making money at a minimum wage level! Who can support a family on that? America is in financial crisis. I make more than minimum wage and struggle taking care of everything! ATI does help with employment as well, not just education, but job placement.

I do understand - but really, his child also needed to be supported during the time that Dad had no income.

He did not pay most of 2010 and maybe more - I wanted to, but then where does that leave us? Homeless? How does that help his son? There is enough homeless people in Florida, I really do not want
to join them! my fiance' is tring to better himself, and in doing so, he can help with paying back support. That was his motive for getting education! He is an A-B student! He spent most of his life doing nothing with it!

I understand that too - but hon, his background (a felon) is part of his own choosing and actions. Again, his child shouldn't have been the one to suffer, you know?

Forgive me, I am really aggrevated with it all! I do appreciate your advice! Please, do not take me the wrong way! What is a repayment plan?

What I mean is, can he come up with a plan to repay the arrears? (In addition to what he owes every month currently).

For example, would he be able to borrow $1000, turn up with that in court and then offer a generous repayment plan to bring down the arrears? I'm not saying it would work but it might at least show willing.

I do not understand. I thought child support was the way he repays.

Well, we're still not sure if he has a current obligation as well as the arrears....we really do need to figure that part out.

I am not sure, I may be able to help with money. i am filing for taxes. I will not get 3000.00 back, but I will get something. When we are married, wont they expect payment from me? His debt is mine right?

Two things here. First, his child support obligation is NEVER going to become your debt or obligation. They CANNOT come after you for it...with one exception and that brings me to the second thing.

Keep your finances separate! Don't file joint taxes, and don't share any joint accounts. Because although they cannot garnish you or make you pay directly, they CAN attach joint accounts and intercept a tax refund.

I guess I could down grade and pay for him until he gets his lisence, which is only a couple months a way. I sound desperate, right? But, I am sincere. Him being in jail really could mess up his schooling (which is his way out of NO JOB!) I guess the moral of this story is - marry before children, and marry for real love and commitment for life! Thank you for the link! I think it will be too late, he will be in Orlando and in front of a judge probably before next week Wednesday! Isnt it too late for him to file, if he is jailed? Again, thank you!

It's never too late to file to modify his current obligation. But he won't get it made retroactive to cover the arrears and make them go away.

I hope that makes sense?