Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
He was jailed for failing to appear at his hearing?
Has he ever been filed on for failure to pay child support before?
Yes, he was jailed for failing to appear at his hearing. Not sure about question #2. I do know he was making payments at one time but not sure if all were timely.
He will just be in jail a little while for the failure to appear. The judge will set a hearing and fuss at him and then let him out.
On the issue of the contempt itself it depends on how many times he has been filed on before.
If this is the first time the judge usually would give him a six month sentence and then probate it to allow him to start making his payments.
If he's been filed on several times then he could get six months.
There is even a criminal charge available for failure to pay child support but that woudl require an indictment by a grand jury.
Did you have additional questions?
Hes been in since thursday night so hopefully see judge in the a.m.?
Possibly, depending on the court's schedule. Almost certainly this week. Does he have a lawyer?
no lawyer and no money
He needs to ask for a court appointed attorney.
ok, thank you
If he had a lawyer then he'd likely get out quicker because the lawyer would ask for a hearing. This way it is just whenever the judge gets around to it.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).