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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 11967
Experience:  Experienced in multiple areas of the law.
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Have a stepson in jail, taking a plea bargin sentencing shd

Customer Question

Have a stepson in jail, taking a plea bargin sentencing shd be on 12/9, felony conviction for sex with a "few" minor girls (ages around 15) he was 27-28 and living in MO. That is where he is incarraceted now, His wife is divorcing him and he has said he will not agree to any child support whatsoever in their divorce agreement because in the future once he is released (expected to be 8 years or so) if he dosen't have a job because it will be hard to find with his record he could possibly be sent back to jail because he is a convictied felon who is now not paying child support. Is that a true assumption.
Submitted: 5 years ago.
Category: Family Law
Expert:  RobertJDFL replied 5 years ago.
Good afternoon, thank you for your question.

A person can be held in contempt of court if they violate a court order (such as a divorce settlement that requires child support to be paid). However, it is rare that a judge will order a person to jail for this. Normally, when this happens, it is because a person has repeatedly failed to pay their support and is significantly in arrears. Additionally, the party who is receiving support would first have to file a motion for contempt with the court and there would have to be a hearing. In other words, they won't just throw him in jail for being a convicted felon who failed to pay his child support.

In addition, your stepson should know that regardless of whether he agrees to pay child support or not, the court will award it, because child support is for the benefit of the child, and both parents have an obligation to support the child. Additionally, such an obligation does not stop simply because a person is incarcerated.

Please let me know if you have follow-up questions.

I hope this information is helpful, even if it may not be what you want to hear. If you have follow-up questions or need additional clarification, please click reply and I will be happy to assist you further.

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