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Well do they even allow em to do that? I agree the guy should be paying what he's ordered but jailing em aint gonna make that come to fruition. Of course that is a last resort I guess. Now you also have to add in a lot of these women are evil and won't let these guys even see their kids and play the system on and on. I guess that is something you need to think about before impregnating some kook too though. Gotta take care of your responsibilities. If you get to the point your getting put in jail they probably figure you aint gonna pay anything back anyway.
I just had somebody I know that told me his drivers license was suspended over child support. I can hardly believe that! I always thought a drivers license could only be suspended for traffic violations. How is child support even remotely related to a drivers license? Seems to me his rights are being violated because driving is a right or it should be. How is he supposed to work and earn a living or money to even begin to pay whatever child support he owes if he cannot drive to work? I told him he ought to see a lawyer because that doesn't sound right to me
He's screwed now, if he needs to drive on the job or to get to work, he can't do that, so unless he has some magical source of cash or credit, he'll just get further in arrears, and theoretically might never be able to catch up if he loses his job.
I suppose the thinking is that most people pay up when they lose a license (to drive, to practice law, whatever), but I know that if I were in a similar position, I would have no sources of ready cash to pay up.
If I were in that boat, I would turn myself in (to the judge, I suppose) and say go ahead, lock me up, since I don't have any money.
Driving is not a right. The states license drivers by laws enacted by legislation.
you are partially correct, driving is not a right, but traveling is. when you travel in a personal car for non commercial purposes, you are traveling, and not driving.
While you and I agree on many things, we are going to disagree on this one.
You CAN get a job while in jail. It's called work release. MAYBE, taking care of your obligations BEFORE they start sending you to jail is an option? I think in most states you have to be 2 years or over 10$ behind and have promised a judge on several occasion to take care of your business, before they find you in contempt and send you to the hoosegow.
Okay, how do you GET the job (get hired) in the first place if you're in jail? How many employers are going to hire someone who's in jail?
Well jailing somebody until they repay is expecting the impossible isn't it? Unless they run a serious drug ring in the prison they aint gonna be pulling down any money.
Yep, it sure might help. If they were paying their child support they wouldn't be in jail would they? Maybe 30 days in the county lockup will let them know that this is serious stuff.
Sometimes it is and sometimes it isn't. This thread is only about whether the state can suspend your license.
They do it all the time, it's called contempt of court, but it is only for people that don't pay. Naturally, very few guys fail to pay.
This is the federal statute; most states have their own statutes and the courts can always hold someone in contempt when they are in violation of a court order.
(a) Offense.— Any person who— (1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;
(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or
(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
(b) Presumption.— The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
(c) Punishment.— The punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and
(2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both.
If you're in jail, you're not earning money, does the obligation continue to accrue? e.g. $500/mo accruing with zero income builds up in a hurry.
And if the presumption is rebuttable, do you get to take it to a jury? (probably not, so you're probably screwed there as well, what with bias on the bench)
Sometimes it is and sometimes it isn't. This thread is only about whether the state can suspend your license.
They do it all the time, it's called contempt of court, but it is only for people that don't pay. Naturally, very few guys fail to pay.
This is the federal statute; most states have their own statutes and the courts can always hold someone in contempt when they are in violation of a court order.
(a) Offense.— Any person who— (1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;
(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or
(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
(b) Presumption.— The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
(c) Punishment.— The punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and
(2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both.
Locking up a person for unpaid support won't get the state or the person owed support any money though. The courts probably realize that too.
If you're in jail, you're not earning money, does the obligation continue to accrue? e.g. $500/mo accruing with zero income builds up in a hurry.
And if the presumption is rebuttable, do you get to take it to a jury? (probably not, so you're probably screwed there as well, what with bias on the bench)
Child support accrues while you are in jail.
Quote:
Originally Posted by NoJiveMan
Locking up a person for unpaid support won't get the state or the person owed support any money though. The courts probably realize that too.
They still do it though. You don't even have to be the father to be put in jail.
They say the pill is '99.9%' effective for a reason.
To cover their ass when you and yours have a 'miracle child'.
Hell, you can even get a blood test proving the child isn't yours, but if you're married when she got pregnant (i.e. she cheated on you) guess who's paying child support? Unfortunately, society has kept these laws from the 1950's when women couldn't work or make decisions on their own, and were largely helpless babymakers and little else.
And anyways, it's great public fun to bash divorced fathers. So...
T.S, baby. You're a slave now. Enjoy your 18 to Life!
He's screwed now, if he needs to drive on the job or to get to work, he can't do that, so unless he has some magical source of cash or credit, he'll just get further in arrears, and theoretically might never be able to catch up if he loses his job.
I suppose the thinking is that most people pay up when they lose a license (to drive, to practice law, whatever), but I know that if I were in a similar position, I would have no sources of ready cash to pay up.
If I were in that boat, I would turn myself in (to the judge, I suppose) and say go ahead, lock me up, since I don't have any money.
Apparently you have enough to get ticked off that you can't buy a house.
Or are you only so poor that you couldn't support kids (if you had any).
Quote:
Originally Posted by freemkt
If you're in jail, you're not earning money, does the obligation continue to accrue? e.g. $500/mo accruing with zero income builds up in a hurry.
And if the presumption is rebuttable, do you get to take it to a jury? (probably not, so you're probably screwed there as well, what with bias on the bench)
Do your children stop having needs while you're unable to pay for them?
Why should the custodial parent be required to incur all financial obligations of your kids?
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