Question for Lawyers

[thom24ad]

I think this tends to depend on what state you live in but what is the process and/or procedures once a person has been picked up for failure to pay child support?

Here is a breakdown of the situation:

My aunt whom I'm very close too married a SOB deadbeat and this guy has all kinds of problems with drugs and alcohol. He doesn't pay taxes and I am pretty sure hasn't claimed income to the government for almost six years now. My aunt or I should say we as a family have gone through all the necessary steps to file failure to pay child support. He owes close to 30K for support and the courts issued a warrant out for his arrest. Well, a sheriff picked him up last night at some girl's house he has been living off of.

My question is what happens now? Jail time, could the Judge make him get a real job where his wages will be garnish? His addictions are so bad I am wondering if they piss test him and send him to an inpatient rehab. My Aunt had to write a letter to the Judge that issued the bench warrant explaining how his failure to pay has caused hardships and she eluded to his addictions. I guess its up to the Judge with what happens from this point but we are all at a stand still not sure what can happen at this point. I truly hate this MF for what he had done to my Aunt and 8 year old Niece ( also my Goddaughter). I would give almost anything to spend 15 minutes in a room alone just him and I. Part of me wants to see this bastard spend time in jail but I truly think that wouldn't help anyone in this situation, especially my Niece for when she evenly learns the complete truth about her Dad. Well, I could go on and on about the situation, but there is no need for that. I just could use any relevant information on this situation if anyone has any suggestion this has been a long stressful issue for my family and I. I appreciate any advice you guys have to give.

Thanks in advance!

 

[BahamaMama]

Thom.... reading that, i was almost sure you were my nephew!!!!


talk about a familiar story right down to the amount of support owed!! only thing is, i don't have an 8 yr. old girl any more.

hard telling what the judge will order, but so long as the child support order is in effect, he will continue to owe current+ interest. She, like myself, will likely be collecting back support and social security at the same time. (if SS is still available that is).

the worst thing about jail is, if they are in jail, they can't work, and it just continues to get worse and worse for the childs well being in the mean time. (as much as you would like to see them *punished*) too bad they can't FORCE them to work and pay support, but unfortunately it doesn't work that way.


as far as your niece goes, as she gets older, she will see her father for what he really is, but i wouldn't recommend trying to *help* her see that..... my daughter, at age 13, still worships daddy, but my son, at age 11, couldn't care less if he ever talks to him, as he has wised up as to what his sperm donor is really like.

good luck to your aunt and niece!!! hard road once you choose a real POS as a husband, but unfortunately, love is blind.

 

[thom24ad]

Thom.... reading that, i was almost sure you were my nephew!!!!


talk about a familiar story right down to the amount of support owed!! only thing is, i don't have an 8 yr. old girl any more.

hard telling what the judge will order, but so long as the child support order is in effect, he will continue to owe current+ interest. She, like myself, will likely be collecting back support and social security at the same time. (if SS is still available that is).

the worst thing about jail is, if they are in jail, they can't work, and it just continues to get worse and worse for the childs well being in the mean time. (as much as you would like to see them *punished*) too bad they can't FORCE them to work and pay support, but unfortunately it doesn't work that way.


as far as your niece goes, as she gets older, she will see her father for what he really is, but i wouldn't recommend trying to *help* her see that..... my daughter, at age 13, still worships daddy, but my son, at age 11, couldn't care less if he ever talks to him, as he has wised up as to what his sperm donor is really like.

good luck to your aunt and niece!!! hard road once you choose a real POS as a husband, but unfortunately, love is blind.

thanks mama for all the personal advice...I'm still sort of a young guy and I can actually relate to my niece in a lot of ways..since both of my parents didn't have things together and also had "other issues" so thankfully I was raised by Grandparents...I hate to have to see her go down some of the same roads I had to deal when I was a kid...I think that's what really makes me mad when it really comes down to it...I definitely come from the typical dysfunctional American family but I've never let that type of stuff get to me...I was still be able to finish college and accomplish goals while growing up in such a different situation then a lot of my peers...I just need to instill those values in my niece and I think she'll be just fine...besides I spend a ton of time with her so its not so bad because Dad isn't around...but I know its still tough for her sometimes...I don't know I just get bummed thinking about the situation and I needed to bitch a little...
thanks for listening

 

[thom24ad]

, but my son, at age 11, couldn't care less if he ever talks to him, as he has wised up as to what his sperm donor is really like.

And as for you Son I was the same way about my Dad...but it ends up as a driving factor of way you don't want to be when you grow up and you strive to be something better...

 

[The Judge]

An all too familiar sad story these days but isn't your Aunt's daughter actually your cousin and not your neice?

 

[thom24ad]

An all too familiar sad story these days but isn't your Aunt's daughter actually your cousin and not your niece?

:142smilie Yes, that is true but since I was raised by my grandparents my aunt is more like an older sister and my cousin is more of a niece...but technically your are correct

 

[MadJack]

An all too familiar sad story these days but isn't your Aunt's daughter actually your cousin and not your neice?

nothing gets through the infield past The Judge