Arrested for Back Support

My question involves child support in the State of: Kentucky

Today a family member was arrested for not paying back support on his two children that are now in their thirties. The thing about this is that his wages have been garnished for years, and he also has not seen a tax refund in years, because it goes towards the back child support.

Three weeks ago the police went to his house to arrest him. He showed documentation of the support being paid, and told them the age of the children. At the time the officers told him they were not going to arrest him, as they thought it was a stupid reason to do so, and advised him to get in contact with the state of Kentucky to get the matter settled. (He lives in Alabama) Since then, he has called everyday trying to reach someone, to no avail. They have not returned his calls, and then today the police show up again and take him to jail.

His wife contacted his ex-wife about this, and she had no idea this was going on. They all are on speaking terms with one another, and the ex said as far as she was concerned this issue was over with years ago. Everyone involved thinks it's ridiculous that back child support should still be paid for children that have not lived in the mother's house, or been in her care, for over a decade.

At this point, he is sitting in a jail cell in Alabama, waiting for the authorities from Kentucky to come and get him. He's been told that if they don't come in ten days they have to let him go. But now he runs the risk of losing his job and possibly being kicked out of the National Guard because he cannot report for drill this weekend.

Where's the justice in this? Is there anything that can be done in a case such as this?

Your first paragraph suggests that child support was rarely - if ever - actually paid while ordered.

So, why didn't he pay? The reason behind that MIGHT help him depending on what it is.

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Quoting Dogmatique

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Your first paragraph suggests that child support was rarely - if ever - actually paid while ordered.

So, why didn't he pay? The reason behind that MIGHT help him depending on what it is.

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He's family by marriage, so I didn't know him then. But, if I were going to hazard a guess, it would be because he's a job hopper. In the ten years I've known him he's worked at least six different jobs, and had several months here and there of being unemployed.

Then it's probably best that he sign up and give us the details.

Otherwise it's impossible to guess.

Yeah...don't see that happening from jail...;)

Can you at least tell me this...if the ex-wife didn't want the back support, or have him go to jail for not paying it, could she get this stopped? Or is it now completely out of her hands?

I read on a website today that the statute of limitations for back child support, in KY, is 15 years after the youngest child turns 18...and the youngest is either 33 or 34, so he would be past that, as well. Unless that was faulty information.

This is why it's difficult talking to a third party.

I doubt you know whether the debt is owed to Mom or the State or how long either has been trying to collect on the debt.

Regardless, he should talk to an attorney.

It must be the state since the ex-wife is completely in the dark about the matter, or at least claims to be...I do know that his wages go to KY Family Services. Don't know if that's standard procedure or not, since I've never had to pay child support.

I told his wife on the phone today to contact JAG, since he is military.

I'm sorry, but it's highly unlikely that JAG will get involved.

Can YOU help him get a civilian attorney? To investigate further?