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  1. #1

    Default FiancÚ Jailed for Back Child Support

    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.

  2. #2
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    Default Re: Fiance' Jailed for Back Child Support

    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)

  3. #3

    Default Re: Fiance' Jailed for Back Child Support

    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?

  4. #4
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    Default Re: Fiance' Jailed for Back Child Support

    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)

  5. #5

    Default Re: Fiance' Jailed for Back Child Support

    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!

  6. #6
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    Default Re: Fiance' Jailed for Back Child Support

    Quote Quoting theresalakatos
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    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?

  7. #7

    Default Re: Fiance' Jailed for Back Child Support

    Thank you. You are right. About his son. I thank God, he did have grandparents to help. My fiance's bad choices in his past are now really hurting him! He does regret his past, he really does. He knows. He does really want to make it right.. Now, being christian - he understands that a man takes care of his family. He really thought that getting an education could help him do that. We all make mistakes in life, God forgives, but - you still pay! Life is hard, but God is Good. Thank you, you are an answer to my prayers. We will make it through this, and yes, he will atleast beable one day to financially pay for him, but you know - nothing can ever make up for that boys wrecked life because of 2 people who did not take into consideration what would happen when they ditched thier relationship. This was many years ago!!! Almost at his birth! He does relise this now. I hope she does too and does not make the same mistake in life that she did with him.

    You have helped me tremendously! God Bless! I know his arrears will not go away! That is ok. It is a debt that is owed. Who knows, maybe some day - he can see his son! He has not seen him since he was 12. Something good will come out of this! It's a mess right now, but messes can be cleaned up!!!

    Again, thank you!

  8. #8
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    Default Re: Fiance' Jailed for Back Child Support

    I am just throwing this out there, I am learning about all of this too and as a reader am wondering is it possible to get his mother to forgive or sign off that he owes nothing else? Ive read some previous threads about forgiving child support debt after a child is 18, now if he owes the state (or child support system) I know they wont. Is that a possible route?

  9. #9
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    Default Re: Fiance' Jailed for Back Child Support

    Sure, it's possible.

    But given that jail is generally the LAST resort, that would tell us that other collection efforts have been tried and exhausted - and that Mom appears to have absolutely no interest in forgiving any arrearage.

  10. #10

    Default Re: Fiance' Jailed for Back Child Support

    Well, this comment is not right, because I called where he used to work and they sent me the proof of garnishment of wages. The only years that were not paid, were unfortunatly when he was incarcerated. Again, he does not have the best back ground! He has been paying since that child was born. He worked through the same company for almost 15 years. Up until recently, because there is no work. There was jail time served and prison time served. (had nothing to do with child support) there is about 7 years served, prison and county. How can you pay child support from a jail cell? I really already know about past decisions being bad. Well - every person walking makes wrong choices. Some worse than others. So, I really am not interested in his past. Past is Past - yes unfortunatly, we pay for what we have done. We can not go back and undo our past. But we can try and better ourselves for the now and the future. I spoke with my fiance today, and I told him that he recieved a form for taxes today. 1098 form. He said he tried to explain that to me once. When he files for taxes - he can file this form and get money back, which he knew child support would take and he wanted to do that. Next year he will beable to file even more. He took out a 29,000 loan. He can file on 14,000 of this year. He said he spoke with the administration at his school and they were going to help him do this. The government owes him money for taxes I think he said for 6 or 7 years back. He was going to get the read out from the IRS. He has not filed for those many years. He had already spoken to someone (tax person) and they told what he needed. (He did mention all of this to me, but i did not relise where he was going with it.) He knew the whole time it would help pay back child support. He did not care if they took it, and wanted them to take it. This can still be done, but not if your in jail. Although, I am now going to be looking into that for him as well. He may beable to still do it. But - It wont be taken as a purge he thinks. They will just take it and say nothing he said. I said, come on do they think we are idiots and not know that you know this? Any how, to us - this is great news!! Now, he wants to look into a purge reduction. He also told me that when he recieved a notice in the mail, he did go to child support. They said they have to go back to court, not knowing anything about this - he was waiting for a notice in the mail to go to court!!!! Instead, they went to the house (which was on thier files - he was not running from anything!) and arrested him. I still am not sure if he is just paying arrears and he does not care really! He is willing to pay and he is not interested in asking his ex - GIRL FRIEND for Forgiveness of this debt! This is not the issue! The issue is spending time in jail that we feel is not right. I read something last night - It was an article - It stated that even the supreme court says that jailing men for back child support is unconstitutional! Although states still do it. why dont they help them instead of waste tax payers money? If you sit and really think about it - how can they pay back child support, when they are in jail? does this help the child? What about the moms that dont work, have boyfriends on the side, and use the childs money on themselves? Why arent they in jail? That is just as bad. My fiance' told me that his son spent most of his time with his grandparents, not his girlfriend. So where was she? Spending child support somewhere? Besides on her child? The more I look into this, this system is not even working. Its ridiculous really. If they are going to be in jail, why not spend our money (tax payers) on helping them get a job, or education or something???? These people just sit there!! Doing what? Nothing constructive! Nothing!!! Atleast in this state. If they want the money - put them to work atleast!!! Something! Understand this - My Fiance does not want out of his obligation - he does not want loop hole to not pay! He wants to pay for his child. But we feel, doing it this way - is not right. So, how do i file or get the paper work to file for a purge reduction? Does anyone know? He said it could take him months in the law library to get this stuff! If I can help him and send him forms, this would make it easier and quicker. You know - I did not know about all of this going on! It is an outrage really. As you can tell, it does upset me. Not that it is being done just to my fiance, but to any human being!

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