Ask a Lawyer and Get Answers to Your Legal Questions
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.