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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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My son is currently locked up support that he has been

Customer Question

my son is currently locked up for child support that he has been paying consistently since Nov 2015 for a child that he has with his wife that resides in KY. He pays the support order through NJ. KY had a bench warrant out for him for child neglect for non-payment. I went to NJ Child Support and asked them about the situation and they told me that he has no warrant and that he's good with them. The state of NJ has been collecting support payments from him with him paying a little extra to go towards back payments. KY is in the process of taking him back to KY for back payments of 4,062. They said if you pays that amount they will release him. My son is a combat vet who is 100% disabled and is on a fixed income. KY doesn't care and stated that they have a law in KY that states that anyone owing more than $1000 can be criminally charged. NJ was telling me that they don't think this is legal and are trying to check into it further but my son is still sitting in jail when he's been doing the right thing. Where can we go from this point?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: New Jersey and Kentucky is the one who issued the warrant. New Jersey is stumped like we are
JA: Have you talked to a lawyer yet?
Customer: He has been talking to in house counsel at the jail where he is being housed
JA: Anything else you think the lawyer should know?
Customer: not that I can think of...he's been paying the support as ordered since he went to court in Oct. and Kentucky admits that they have received the payments but because he owes pay support this is why they are taking him to KY to face a judge there.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Expert:  originallawyer replied 5 months ago.

Unfortunately, each state is able to enforce support in the way they see fit, so it is entirely legal for KY to make owing more than $1000 in support a criminal matter. While unusual for a state to lock up someone who's actually making current payments, it's not unheard of. I would say he probably needs to have a private lawyer in KY, perhaps one that specializes in working with Veterans. The lawyer at the jail isn't going to be able to help him much. A lawyer could potentially argue for his release based on his current payments or argue down the amount that he needs to pay to get out.