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If mother bails him out of jail, does that money go toward child support?

This is a discussion on If mother bails him out of jail, does that money go toward child support? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I have a friend who fell behind on his child support. His ex took him to court for it. The ...

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Old Jun 16th, 2010, 11:19 PM   #1
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Default If mother bails him out of jail, does that money go toward child support?

I have a friend who fell behind on his child support. His ex took him to court for it. The court found him in contempt and he was required to bring a sum of money to his next court date. He has not been working, so he had nothing to bring with him. The judge put him in jail. His mother is thinking of bailing him out. Now, his next court date is in a few weeks. He received a notice stating he had to bring this same sum of money with him.
My question is, if his mother bails him out of jail, does that money go toward what he owes for child support, or is that just to bail him out, and then he would need more money to take with him to his next court date?
This is in the State of Illinois, Cook County.
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Old Jun 17th, 2010, 12:15 AM   #2
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Default re: If mother bails him out of jail, does that money go toward child support?

It is merely the money required to bail him out. Bail prices and child support arrears are two separate things.

What the courts fail to realize in their "infinite wisdom" regarding throwing fathers who can't pay their child support in jail is: now they have a "criminal" record and who's going to hire them? Family court law is the most idiotic (and that's not even a strong enough word) of all the court systems.
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Old Jun 17th, 2010, 07:11 AM   #3
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Default re: If mother bails him out of jail, does that money go toward child support?

My husband was jailed for non payment of child support once. He didn't have the money in court and they arrested him. He had to spend 30 days in jail, I couldn't bail him out because I was told that by law bail bondsmen are not allowed to bail out a child support arrest.
We had to wait the 30 days, I was allowed to bring a "purge" of $500 (1/2 of what he owed) to the court house, and after I paid the magistrate that, he was free but still had to pay the arrearages of $500 with his child support payments. The "purge" went towards what he owed in child support.
I asked the magistrate what would have happened if I hadn't brought the money, and I was told that he would have spent another 30 days in jail.
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Old Jun 17th, 2010, 11:09 AM   #4
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Default re: If mother bails him out of jail, does that money go toward child support?

The above poster is correct. You can not bail out against a child support arrears arrest. You can simply pay the amount of arrears owing or a portion the judge finds acceptable.

Keep in mind that before you even get to the arrest portion of arrears collection the payor had been notified for months about enforcement actions, he or she was given the change to file papers wit the court to determine whether or not they could not pay and the order needed to be changed based on financial situation. All this happens and the Judge is convinced the payor can pay but chose not ot pay, before an order for jail is issued. If the payor did not respond then they should have know what was coming.

I speak from experience, I was a payor, I was in arrears, I was notified by the court about collections actions. First my license was taken, then I filed a response to the court provided my financial information and at court the Judge informed me that he could send me to jail. I was luck, I proved that I simply could not afford the ordered payments and showed I had been incontact with the Collection agency. The Judge ordered a new amount, re assesed my arrears and we went forward from there. I do have to notify them if my situation improves but I followed the rules and was fine.
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