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Old 08-14-2019, 12:39 AM
SEA529 SEA529 is offline
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Default Child Support: Prosecute to get his wages garnished while he's in prison?

My 7 year olds father just had his probation revoked and sentenced to the full 6 years for 2nd degree burglary. I have a few questions, he seems to think that he will only end up serving 7 - 9 months? That doesn't seem right. It is his first conviction, no violence, caught on video and stole liquor and cigarettes, dumbass. I just wondered what type of time he may actually be away... Secondly, he hasn't paid child support in years, I didn't prosecute before cause what help would that be? Now I'm guessing he will be in there for at least 2 years, is it worth prosecuting to get his wages garnished while in there? Hate for him to be munching Cheetos while my kid needs school supplies! Appreciate any info, thanks!
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Old 08-14-2019, 12:57 AM
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Not sure your state's laws, but here in Florida, he would be in for a rude awakening. He would have to serve 85% at least. As for the child support, again depending on state law, either way you probably wont get anything while he is in. But, haing an order established when he is released would be in your favor.
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Old 08-14-2019, 01:19 AM
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Thanks, I was thinking the same thing about the time, I just want to be realistic when my son asks questions, and I don't lie to him. I didn't file before because that's not going to help him find a job, however I feel like it should be on his record at least, even if he never pays... Thanks for the input!
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Old 08-14-2019, 02:05 AM
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If he's on child support it's already on records down town. Where you filed for child support against him, it's on his record.
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Old 08-14-2019, 06:13 AM
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And as I understand it, past due support does not go away either. Even after the child is no longer a child.


(unless the child is disabled........I believe thats a whole nother can of worms there)
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Old 08-14-2019, 10:11 AM
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Quote:
Originally Posted by sidewalker View Post
And as I understand it, past due support does not go away either. Even after the child is no longer a child.


(unless the child is disabled........I believe thats a whole nother can of worms there)
I don’t know if it varies from state to state but in Ohio it definitely does not go away. My kids dad is WAY behind on his payments, about 8-9 years of payments. He is now paying but 2 of the 3 kids are over 18 and out of school but he still has to pay the back support in addition to the current amount for our last kiddo.
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Old 09-08-2019, 07:17 AM
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Quote:
Originally Posted by sidewalker View Post
And as I understand it, past due support does not go away either. Even after the child is no longer a child.


(unless the child is disabled........I believe thats a whole nother can of worms there)
Past due definitely does not go away. My sister is now 18, and her dad is still paying all his back child support, owing close to 30K
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Old 09-08-2019, 09:06 AM
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My mom was one of the pioneers in California for child support laws. I am 50 now but when I was 32 my dad sold property and my mom got $30,000. It doesn’t go away and it shouldn’t.my mom struggled in the 70s as a single mom. I told her when she got the money to go buy herself something real nice she deserved it.
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Old 09-10-2019, 12:22 PM
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Quote:
Originally Posted by SEA529 View Post
My 7 year olds father just had his probation revoked and sentenced to the full 6 years for 2nd degree burglary. I have a few questions, he seems to think that he will only end up serving 7 - 9 months? That doesn't seem right. It is his first conviction, no violence, caught on video and stole liquor and cigarettes, dumbass. I just wondered what type of time he may actually be away... Secondly, he hasn't paid child support in years, I didn't prosecute before cause what help would that be? Now I'm guessing he will be in there for at least 2 years, is it worth prosecuting to get his wages garnished while in there? Hate for him to be munching Cheetos while my kid needs school supplies! Appreciate any info, thanks!
The past due will not go away but since he’s incarcerated he can complete a form to not have interest accrue during incarceration as well as reduce or suspend payments until his release so his delinquency doesn’t continue to accumulate exponentially. But the balance will be there when he gets out!
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Old 09-10-2019, 02:22 PM
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Quote:
Originally Posted by Kimimi View Post
My mom was one of the pioneers in California for child support laws. I am 50 now but when I was 32 my dad sold property and my mom got $30,000. It doesn’t go away and it shouldn’t.my mom struggled in the 70s as a single mom. I told her when she got the money to go buy herself something real nice she deserved it.
In California, an incarcerated individual and the non-incarcerated parent can sign a waiver releasing the incarcerated person from child support responsibility. That was done with my husband and his children because he was sentenced to 37 years when they were babies. GF moved on and remarried, they signed the paper (not custody-based, the boys were never legally adopted by new hubs). I have the copy somewhere in my 8jillion records he's sent home to me and if I find it, I will post the form title.



For the record-- I don't think parents should get out from under child support just because of incarceration. But I don't agree with blanket laws and I've seen those laws in CA absolutely destroy people. So really do your homework in your state-- talk to the overseeing agency AND an attorney. Decide what is best for your children and your specific situation.
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