Child support arrears and prison

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Old Feb 3rd, 2013, 05:13 PM   #1
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Default Child support arrears and prison

Here's my question/scenario if you can help: My boyfriend is in Michigan and is over $6,000 in arrears in child support. He has been unemployed for a year, and now he has been called into mediation in Macomb. If he pays a small ($500 or so) amount, is that better than nothing? And how likely is it that they will arrest him on thethe spot for being over $2,500 in arrears?
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Old Feb 3rd, 2013, 05:57 PM   #2
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Default Re: Child support arrears and prison

I wish to inform you that your boy friend may make an arrangement for payment of the child support arrears with the mother of the child and a consent order can be filed in the court. If an arrangement cannot be worked out then your boy friend may file a petition with the court clearly bringing out all the facts in support of his view point. He can inform the court that he has been unemployed for almost a year, therefore, there are arrears in the child support payment. He may request the court for payment plan to pay the arrears. The court will always keep in view the best interests of the child. The court will consider all the facts and decide the matter.

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Old Feb 3rd, 2013, 06:19 PM   #3
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Default Re: Child support arrears and prison

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Here's my question/scenario if you can help: My boyfriend is in Michigan and is over $6,000 in arrears in child support. He has been unemployed for a year, and now he has been called into mediation in Macomb. If he pays a small ($500 or so) amount, is that better than nothing? And how likely is it that they will arrest him on thethe spot for being over $2,500 in arrears?
It's not necessarily that he is in arrears, or even the amount that's going to be the deciding factor. It's about what efforts he has made to address his unemployment, and what efforts he has made to make even a token payment or two towards that arrears over the past year of unemployment.

A child deserves to be supported by BOTH parents to the best of their ability. If he isn't making reasonable efforts to seek employment or supplement his income, then that will be a big black mark against him in any mediation over resolution of those arrears. Perhaps it's time for him to start liquidating any assets he has in order to make a more significant contribution towards reducing those arrears.
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Old Feb 3rd, 2013, 08:30 PM   #4
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Bringing a $500 attempt is a good start. He should also bring a list of significant assets and job contacts he has made over the past year. The goal of the court is not to ruin his life, it is to compel payment for the childs benefit.
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Old Feb 4th, 2013, 04:07 AM   #5
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Even if your boyfriend makes the partial payment he is still a convict if an arrest warrant was already issued in his name.
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Old Feb 4th, 2013, 08:20 AM   #6
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Even if your boyfriend makes the partial payment he is still a convict if an arrest warrant was already issued in his name.
No true. Convict means convicted. You cannot be convicted until you appear before the court and exercise the judicial process.
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Old Feb 4th, 2013, 11:27 AM   #7
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Default Re: Child support arrears and prison

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Originally Posted by christina589 View Post
Here's my question/scenario if you can help: My boyfriend is in Michigan and is over $6,000 in arrears in child support. He has been unemployed for a year, and now he has been called into mediation in Macomb. If he pays a small ($500 or so) amount, is that better than nothing? And how likely is it that they will arrest him on thethe spot for being over $2,500 in arrears?
If he has been called in to mediation, arrest is not on the agenda -- but working something out over the arears. Already you state that they are willing to settle for a token amount being paid, the $500.

There is a discrepancy in what you report as arrears; "$6,000", "$2500." Which is it?

If he has been unemployed for a year, he can move to have support modified, reduced, to reflect his situation. That should help arrears continuing to pile up.
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Old Feb 5th, 2013, 03:49 PM   #8
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Default Re: Child support arrears and prison

It all depends on why he is unemployed. If he lost his job due to layoff or factors outside of his control, he should be filing a petition for modification to lower payments.

Even if he quit his job, if he shows he is willing to do what he can to make payments, they will likely work with him, as most courts realize he wouldn't be able to make money and pay support if he's in jail.
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Old Feb 7th, 2013, 02:37 PM   #9
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Default Re: Child support arrears and prison

Quote:
Originally Posted by christina589 View Post
Here's my question/scenario if you can help: My boyfriend is in Michigan and is over $6,000 in arrears in child support. He has been unemployed for a year, and now he has been called into mediation in Macomb. If he pays a small ($500 or so) amount, is that better than nothing? And how likely is it that they will arrest him on thethe spot for being over $2,500 in arrears?
It is never bad to pay support when you owe. I would need to see the Warren County, IL pleadings to see what he is facing. It is unlikely that he will be arrested if he has not missed prior court dates. If he has missed any there may be more than just the pleadings on support out there. There are online services which cover most Illinois counties. Call the Clerk of the Court to see who they use and then you can get a better idea.
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