[ex-con]

Twenty years in prison I get released and my ex wife is suing me for child support. Now, with no job they want to put me back behind bars for non-payment, no money for lawyer, so no what does a man do?

[JudyKayTee]

twenty years in prison I get released and my ex wife is suing me for child support. Now, with no job they want to put me back behind bars for non-payment, no money for lawyer, so no what does a man do?

A man gets a job and supports his kids.

[ex-con]

A man gets a job and supports his kids.

This I know, but no one here in this state likes to hire ex-felones. Picking in the fields does not pay that much. Not even enough to cover child support. Not to mention my kids are all married with children and so forth. I do not deny what I owe, yet how can you pay for something when you already did your time. No this is not a copout it's reality

[JudyKayTee]

this I know, but noone here in this state likes to hire ex-felones. picking in the fields does not pay that much. Not even enough to cover child support. Not to mention my kids are all married with children and so forth. I do not deny what I owe, yet how can you pay for something when you already did your time. No this is not a copout it's reality

You are being asked to pay child support for adults? In NY - where I am - that does not happen. BACK SUPPORT is a different thing and the father is held liable.

I don't understand the "do not deny what I owe; yet how can you pay for something when you already did your time" part.

You served time for failure to support your children?

And the Judge won't care how much you earn if you owe - you will be ordered to pay a percentage of whatever it is.

[ex-con]

You are being asked to pay child support for s? In NY - where I am - that does not happen. BACK SUPPORT is a different thing and the father is held liable.

I don't understand the "do not deny what I owe; yet how can you pay for something when you already did your time" part.

You served time for failure to support your children?

And the Judge won't care how much you earn if you owe - you will be ordered to pay a percentage of whatever it is.

Did not go to jail for child support. The twenty years I did is the back support they want. I barely made two dollars a month. Now that I have freedom, they want to put me back in jail for back support. No lawyers will help cause they all need a fee. I can't even afford that. So, how does a man redeem himself, so to speak, if all these laws for support get passed and prisoners are not notified?

[JudyKayTee]

Did not go to jail for child support. the twenty years I did is the back support they want. I barely made two dollars a month. Now that I have freedom, they want to put me back in jail for back support. No lawyers will help cause they all need a fee. I can't even afford that. So, how does a man redeem himself, so to speak, if all these laws for support get passed and prisoners are not notified?

When you were in jail and unable to pay child support in the amount ordered what steps did you take to get the amount reduced?

It is not a questioning of "redeeming" yourself. I have no idea what redemption has to do with child support, in fact.

If child support payments were ordered and you were never notified, then go back to Court and argue bad (or no) service.

Sorry to be harsh but I would assume someone fed and clothed your children in your absence? Or did they go hungry and unclothed?

[Fr_Chuck]

If the ex knew where you were out, you would be served and notified of all civil hearings while in prison, happens all the time.

Next you could have and should get a legal aid attorney, ( free or low cost in most US states) to help with a motion to reduce the amount of child suport due. There will still be back support owed but not a full amount.

And now what is due for current is based off your income down to a min monthly amount

[C-O-P]

Depending on the State in which the Domestic Support Order was issued, you can get relief for the yers you were imprisoned. Please respond with some details and I can try to give you more information. Normally, the relief can be retroactive as long as the Family Court knew you were incarcerated.

[s_cianci]

Normally, being incarcerated does not relieve one of child support obligations. However, I find it rather irregular that back support is being pursued so aggressively, especially since the "children" in question are now married and self-supporting adults. I'd think that a statute of limitations would apply here. And I'd be very shocked if they'd actually put you back in jail under these conditions. It sounds like a vindictive ploy on the part of the ex-wife more than anything. As Judy pointed out, somehow your children were clothed and fed during your incarceration ; obviously they didn't starve. And, although not the best deal out there, a public defender would be better than nothing as far as obtaining some sort of legal counsel. Your ex may well be entitled to some sort of compensation from you going strictly by the letter of the law, but there is such a thing as spirit vs. letter when it comes to matters of law. A real claim would be if you owe your ex any back alimony if ever there was an alimony order established.

[cdad]

Normally, being incarcerated does not relieve one of child support obligations. However, I find it rather irregular that back support is being pursued so aggressively, especially since the "children" in question are now married and self-supporting adults. I'd think that a statute of limitations would apply here. And I'd be very shocked if they'd actually put you back in jail under these conditions. It sounds like a vindictive ploy on the part of the ex-wife more than anything. As Judy pointed out, somehow your children were clothed and fed during your incarceration ; obviously they didn't starve. And, although not the best deal out there, a public defender would be better than nothing as far as obtaining some sort of legal counsel. Your ex may well be entitled to some sort of compensation from you going strictly by the letter of the law, but there is such a thing as spirit vs. letter when it comes to matters of law. A real claim would be if you owe your ex any back alimony if ever there was an alimony order established.

There is no SOL on arrears.. PERIOD!!
The arrears can even become part of a persons estate should they pass before it has been collected. You need to check your information better before giving this type of advice.

[C-O-P]

I beg to differ. An incarcerated person is entitled, in several jurisdictions, to modification of Support Orders based on protracted inability to provide support due to limited income. Every jurisdiction sets Support amounts based upon a scale which considers income variance between the parents. That is why I asked what jurisdiction we are dealing with. The only time that Support obligations can be assessed against an estate is if the assets comprising the estate were mentioned in the original Judgment. To give advice on a topic, one should really know the applicable statutes.

[stinawords]

What state is this in? With that information we might be able to clear up a whole lot of small differences due to different states each having their own set of laws.

[JudyKayTee]

Depending on the State in which the Domestic Support Order was issued, you can get relief for the yers you were imprisoned. Please respond with some details and I can try to give you more information. Normally, the relief can be retroactive as long as the Family Court knew you were incarcerated.

This is a March post - OP has not been back with additional info.

There are more current postings to be addressed.

Time to close - ?

[C-O-P]

This is a March post - OP has not been back with additional info.

There are more current postings to be addressed.

Time to close - ?

I would think that we might like to give the OP ample opportunity to check his email and provide the additional information needed to give him better answers than "A man gets a job and supports his kids" - which was your first reply.

By the way, "kids" are the offspring of goats; human beings bring forth "children".

If he does not come back around in a few days and answer the issue of which state he is in so that the answers can be proper for his situation, then it should be closed. That, at least, is my opinion. I believe it is in keeping with the intent of the site.

[cdad]

I beg to differ. An incarcerated person is entitled, in several jurisdictions, to modification of Support Orders based on protracted inability to provide support due to limited income. Every jurisdiction sets Support amounts based upon a scale which considers income variance between the parents. That is why I asked what jurisdiction we are dealing with. The only time that Support obligations can be assessed against an estate is if the assets comprising the estate were mentioned in the original Judgment. To give advice on a topic, one should really know the applicable statutes.

Ok.. you really need to study up before speaking on this subject. Your making blanket statements that aren't true at all.

1) Every jurisdiction sets Support amounts based upon a scale which considers income variance between the parents

This is untrue... some states have a flat percentage per child basis. It has nothing to do with the income or lack there of from the other parent. Again not ALL states but just some of them do it that way.

2) The only time that Support obligations can be assessed against an estate is if the assets comprising the estate were mentioned in the original Judgment.

This is also untrue and does not vary between states. The arrears are a non forgivable debt. The only one that can forgive them is the one that they are owed to. So when it comes time to settle an estate ( of the person paying child support ) then the person that is collecting the arrears can collect from the estate. It doesn't have to be mentioned in any court setting as to the value and dispersment of the estate. All debts are to be paid before anything else.

[JudyKayTee]

I would think that we might like to give the OP ample opportunity to check his email and provide the additional information needed to give him better answers than "A man gets a job and supports his kids" - which was your first reply.

By the way, "kids" are the offspring of goats; human beings bring forth "children".

If he does not come back around in a few days and answer the issue of which state he is in so that the answers can be proper for his situation, then it should be closed. That, at least, is my opinion. I believe it is in keeping with the intent of the site.

As it happens, closing old posts/threads is Board policy - sometimes it's requested, sometimes they die a natural death.

Your information, particularly, is useless because it's incorrect. In many States child support is by statute.

Opening a dead thread makes no sense. Opening it to post incorrect info makes even less sense.

As far as the rest of your post - it's a personal (if laughable) attack.

[Fr_Chuck]

Let me see some new poster with no idea of what is going on, is trying to tell us what to do. Is there a full moon.

Time for COP to sit back and see how things work and perhaps not talk about things he does not know.

I have closed this thread

OK someone else already closed it, but I wanted to