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StillLuvHim28 · Jul 5, 2009, 02:26 PM

Truly hope someone can shed some light on this mess for me. *Sigh* Anyway I will try to make it short. My ex b/f sons father was released from prison over a month ago for felony prob. violations and was given another chance with one more yr tacked onto it. Now I didn't file for c.sup until after he got out of jail (was trying to give him chance to be there for kid on his terms, but he said he didn't want to do nothing, period) so needless to say here we are, now I was at first worried his p.o. would grant him permission to leave before I could get him into court but before there was even a court order for his DNA to be taken she allowed my c.sup case worker to come into her office and get his DNA and agreed to cooperate with my case worker. That was 2 weeks ago and he's still in town so I doubt she let him go anywhere and I know him Im sure he asked.

Now my new worry is, I know this DNA test will show he is his because we took one privately but it couldn't be accepted in court because it didn't have some certain seal on it or something but point is paternity is not a worry to me... my worry is when the results do come back and he's ordered a court date to figure out how much or if it will be ordered and he doesn't show up or if he ignores paying at all does this in turn affect his felony probation? C.Sup was not a condition laid out for his felony probation so if he's arrested for failure to appear to court or failure to comply with the child support agreement, will this affect his felony probation?

I ask because he very smuggly told me if this is something that won't get his felony probation violated I can just forget about him paying or showing up in court and if he gets arrested for not showing up, all he has to do is bond out again and again and he'll be fine and he plans on doing that and once he's finished with his felony probation he will evade the law about the child support but he will never be looking at hard time as long as he pays his p.o. he doesn't have to sweat the f. probation and that is the ONLY thing he cares about paying. He also said he can just say he doesn't want the baby to the judge but I did research online and on here for days and I see the same answer "it is NOT that simple" so I know he can't do that much now. But I NEED to know, is he right... can he just ignore his c.sup obligations and it has nothing to do with his current felony probation so he has no need to worry? He's so certain of all this that I believe him. Please help. Thanks so much.

twinkiedooter · Jul 5, 2009, 03:19 PM

Don't believe him as he is lying to save his hide. Proceed as quickly as you can prod the child support office to get the DNA testing done and then if he does not pay he will be in trouble. It may not violate his felony probation but he will eventually have to pay - maybe later than sooner.

JimGunther · Jul 5, 2009, 03:29 PM

In the state where I was a PO (MD), there is a standard condtion of probation and parole that states "Obey all laws." This applies to court orders, such as child support orders. In other words, violating any kind of a court order is a violation of parole or probation. Failing to appear for court also falls into this category. In other words, if you FTA you get a VOP! Call the PO and make sure about this, it may be different in your state, but I doubt it.

cadillac59 · Jul 5, 2009, 03:42 PM

Not appearing in court for a child support hearing would not violate his probation because child support matters are civil, not criminal in nature. No one is going to cite him for a contempt for not showing up in court on your motion for child support. No. Whether not cooperating with a child support case or its enforcement will land him in trouble with his probation department? I doubt it. That's not the kind of stuff they are concerned with.

But I NEED to know, is he right....can he just ignore his c.sup obligations and it has nothing to do with his current felony probation so he has no need to worry?

Sorry to say, but I tend to agree with him. As a practical matter, he's probably right. And I'm not just saying this glibly. As a family law attorney, I've seen cases like this and had clients who were going through what you are going through and the guy on probation pretty much ignores the child support obligation and not much happens. The criminal felony stuff is far more serious and of far greater concern than unpaid child support. It's just the way it is.

Also, I don't know what sort of a child support order you are expecting to get from this guy. What possible earning capacity could he have other than minimum wage, if that. Sure it's worth the trouble pursuing?

JimGunther · Jul 5, 2009, 03:53 PM

Child support matters are not civil in every state, in Maryland, failure to pay child support falls under Article 27, Section 88 of the state code, a criminal statute. I have it memorized because I cited so many persons for violating their probation by violating this statute. True, in the normal civil matter (like not paying your bills) it doesn't matter to a PO-if the debtor fails to appear a judgement is granted against the debtor and it doesn't violate probation. In Maryland, you violate probation if you don't appear for a traffic ticket! Again, check with the PO to see what the status is in your state.

ScottGem · Jul 5, 2009, 04:02 PM

I'm afraid I have to agree. There are too many deadbeat dads that beat the system because they don't care about their future or their child's. So they just ignore court orders.

cadillac59 · Jul 5, 2009, 05:04 PM

Originally Posted by JimGunther

Child support matters are not civil in every state, in Maryland, failure to pay child support falls under Article 27, Section 88 of the state code, a criminal statute. I have it memorized because I cited so many persons for violating their probation by violating this statute. True, in the normal civil matter (like not paying your bills) it doesn't matter to a PO-if the debtor fails to appear a judgement is granted against the debtor and it doesn't violate probation. In Maryland, you violate probation if you don't appear for a traffic ticket! Again, check with the PO to see what the status is in your state.

Fine, but a defense to not paying a child support order would be inability to pay.. I would assume even in Maryland. And a felon on probation has the ability to earn how much money? Especially in this economy. Even if our probationer is employable--and that's a big if--what sort of job security would he have? Minimal I would think.

Most probation departments I've seen in California are more concerned about the ex-con not falling back into the same type of criminal conduct that led to his conviction, not whether he's failing to pay his child support or not showing up for a traffic ticket. Maybe your state's got more money to spend of pursuing those sorts of things than mine.

JimGunther · Jul 5, 2009, 05:44 PM

Yes, ability to pay and obeying a court order are certainly two different things. We were supplied with all sorts of resources to help these people find jobs. With my training and experience, its is inconceivebale for me to imagine a person running around "fat and happy" on probation while alluding child support authorities in one way or another. The legislature passed these laws, not me!

StillLuvHim28 · Jul 5, 2009, 05:46 PM

As for more details on the NCP employment, his family owns a successful beauty supply store (the only one in our town) and his name is on the deed or whatever you call it along with his dad, they own it together. His p.o. and both the D.A and the judge who ruled on his case are both aware of how much he makes at the store, in fact it was one of the only standing reasons he was allowed to be released from prison because he had stable employment working closely with his family and living with his family also. So him obtaining employment is no problem as of right now, unless he can just lie and say he no longer works there.

But to cadillac59 sounds to me like you're saying I'm right it is hopeless because nonpayment of child support is just not that serious. Yes, it is sad but I have read numerous stories of men getting over with this type of stuff so seems to me you confirm what I feel I need to do which is not embarrass myself any further by giving him the chance to say I told you so, keep working my three jobs and raise our child as I have been. Thank everyone for their advice. I won't lie it is very sad to know that when I drop the c.sup case he will laugh about it and our child may never hear from him again but in the end why waste time on something that won't amount to anything but a bunch of unnecessary paperwork and time. Like he said to me just yesterday suck it up work like a dog and good luck to you and YOUR baby (his exact words). I guess best thing I can do is do just that and know in my heart Ive still done the best thing.

Fr_Chuck · Jul 5, 2009, 06:16 PM

First no, non payment of child support is taken very serious, ask the 1o's of thousand men ( and women) sitting in jail tonight for not paying. A lot has to do with where you are, but beyond that most has to do with how willing you are to keep taking him back to have him put into contempt of court.

StillLuvHim28 · Jul 6, 2009, 02:45 PM

Does anyone know if it takes years before someone is pursued with a bench warrant for failure to appear to court? And also is giving my child support case worker the license plate numbers to his three vehicles too much information?

ScottGem · Jul 6, 2009, 03:35 PM

Generally a "failure to appear bench warrant", is rarely pursued. Only if someone is arrested for something else will it come to light.

Ask the case worker if she wants the info.

StillLuvHim28 · Jul 6, 2009, 03:53 PM

I don't know why I didn't think of it before asking I guess because it seems so long ago when me and him were together but I remember when we'd ride around town hed freak if the taillight went out on the car or anything because being afraid of being pulled over while he had warrants but I never remember the cops just showing up to his house for a warrant. So your response was dead on and made me remember from the past. So I guess it will only be if he gets pulled over or caught doing something wrong but as long as it's there then I guess that's enough because breaking the law is his favorite hobby.