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How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support

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  • 02-13-2015, 02:36 PM
    lashaun1981
    How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    My question involves child support in the State of:South Carolina yes me and my husband have two kids and i have a stepson recently my husband was in the hospital for heart problems when he was about to be discharged they arrested him for failure to pay child support our taxes were on federal offset to pay it my husband has custody of the child but right now i have the youngest two and my stepson is with his side of the family can they keep him in jail for long if he has custody they say no bail or bond what does that mean i dont understand can they do that i cant afford an attorney im a stay at home mom and he was trying to find a job but no luck he has an interview Monday but his in jail how long will they keep him PLEASE PLEASE HELP
  • 02-13-2015, 03:00 PM
    Mr. Knowitall
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    If there is no bond on the warrant and we're talking about a civil bench warrant, odds are your husband has already been adjudicated to be in contempt of court. It could also mean that a bond hearing had not yet occurred -- as would likely occur if this is a warrant for criminal non-support. As we have no way to review the court file or documents, we can only guess about what is happening -- if you don't have the facts, I suggest that you consult a lawyer who can help you obtain them.
  • 02-13-2015, 08:52 PM
    Disagreeable
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    The easiest way to resolve this is for hubby to pay off all arrears, then seek release.
  • 02-14-2015, 05:17 AM
    lashaun1981
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    i need to talk to someone that really can help me i mean my husband is in jail for failure to pay child support but our state had already said they would take it out of his taxes which they have and i mean he has custody of the minor child and we have to others as well he is in jail for no reason yeah there may be a bench warrant but the child support has already been taken out so what else can i do how can i get a bond hearing set
  • 02-14-2015, 06:40 AM
    llworking
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    Quote:

    Quoting lashaun1981
    View Post
    i need to talk to someone that really can help me i mean my husband is in jail for failure to pay child support but our state had already said they would take it out of his taxes which they have and i mean he has custody of the minor child and we have to others as well he is in jail for no reason yeah there may be a bench warrant but the child support has already been taken out so what else can i do how can i get a bond hearing set

    Gather the evidence that the IRS withheld the arrears from your tax refund. You should have received a letter from the IRS.
  • 02-14-2015, 06:44 AM
    lashaun1981
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    how can i do that when its his tax return
  • 02-14-2015, 06:50 AM
    llworking
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    Quote:

    Quoting lashaun1981
    View Post
    how can i do that when its his tax return

    Are you saying that you did NOT file a joint return with your husband?
  • 02-14-2015, 06:58 AM
    lashaun1981
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    no i did but the letter was sent out way before now saying that they would be taking the money but i have no idea where it is

    - - - Updated - - -

    i just need to know how i can obtain a copy to show to family court that it was offset so i can get him out asap i dont have a year to be sitting around waiting on them to let him out or wait 6 months either
  • 02-14-2015, 07:41 AM
    llworking
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    Quote:

    Quoting lashaun1981
    View Post
    no i did but the letter was sent out way before now saying that they would be taking the money but i have no idea where it is

    - - - Updated - - -

    i just need to know how i can obtain a copy to show to family court that it was offset so i can get him out asap i dont have a year to be sitting around waiting on them to let him out or wait 6 months either

    Then the tax return is not just HIS tax return, its also YOUR tax return. Therefore you can call the IRS and ask for a copy of the letter. However, its also possible that you have not received the IRS letter yet. If you filed your tax return less than 3 weeks ago you would not have received the letter yet.
  • 02-14-2015, 07:50 AM
    budwad
    Re: How Can a Parent Get Released from Jail After Arrest for Non-Payment of Support
    He may have been arrested but was he arraigned yet. He has to appear before a judge and presumably he has or will tell the judge that the money has been paid with his tax refund.
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