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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41574
Experience:  30 years as a family law lawyer .
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my fiance was arrested on friday by bergen county police ...

Customer Question

my fiance was arrested on friday when he went into court for a hearing and unknown to him there was a warrant set out for his arrest on the 13th of may due to arrears in child support.
i have an ex-husband here in nyc that owes 36,000 in arrears for my son. But I would never think of incarcerating him.
What happens if he is sentenced when he has a hearing this thursday? how do they expect to get any child support while he sits? and then once he gets out, it takes time to find a job, especially one that will pay him enough to pay 1000 for child support and 500 in arrears a month. if he misses a payment there is always a threat to be put back into jail?
it says that bail/bond would have to be paid in cash in full.
can someone please explain this to me?
if he pays in full......does that mean he can get out and stay out or can they sentence him for violating his probation which was the first violation in 4 years? this is in new jersey.
thanks,
shane
Submitted: 9 years ago.
Category: Family Law
Expert:  RayAnswers replied 9 years ago.
Thanks for your question. The court has a wide array of options/sanctions here. Sometimes it depends on what the ex wants here. I would agree with you here that if he is in jail he can't work and pay. If he pays the arrears then he would be current. He woud be released. His probation would be reviewed here and the court would have to decide what the violation deserves here.

Please review the web site below. It details many of the questiosn, the law, and the procedures that are involved in child support arrears and contempt proceedings.As it states the court will hold a hearing to decide if he has the ability to pay or not and it goes from there. The court decides what the remedies will be in this matter and also reviews his prior record as well. I can't tell you how the court rules here, it really is case by case.

The court hold many options here and they may apply or not apply whatever sanctions they feel appropriate in this matter. I wish you and him good luck here..





http://www.divorcecenterofnj.com/pages/divorce_faqs/articles/ability_to_pay_hearings.html



Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

Customer: replied 9 years ago.
Reply toCustomers Post: the ex wrote....just put him in prison.....
Expert:  RayAnswers replied 9 years ago.
I hope that this all works out in the end. I hope that his lawyer is able to get with him here and make some kind of deal to settle the arrears and get out. Good luck to both of you here..




Customer: replied 9 years ago.
WHAT WOULD HAVE TO BE PAID TOMORROW TO GET HIM OUT?
IT SAYS FULL CASH BAIL IN THE AMOUNT OF $23,000.
ALL I HAVE IS $3,000?
Expert:  RayAnswers replied 9 years ago.
I think that if you can't make the bail that he still gets a contempt hearing to decide whether he stays or gets payments, etc. If you can't make the entire arrearage, he sits tight here until he gets his hearing. The bail option just allows him to be current without a hearing. It is still possible he gets to pay a chunk here and motnhly payments toward arrears. I knwo he want s out now but unless you can raise it all he jsut stays awhile til they have the hearing. If you look at question 6 and 7 here they go over the process pretty fully on the web page..
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Customer: replied 9 years ago.
HOW CAN SOMEONE COME UP WITH ALL OF THE ARREARS WHICH IS $23,000?
THE CURRENT CHILD SUPPORT ORDERED IS $1000. AND $500.00 IN ARREARS MONTHLY........
LAST PAYMENT WAS MID-JANUARY.....EVERYONE KNEW HE HAD SURGERY, UNABLE TO WORK, AND NO ONE SUGGESTED THAT HE FILE A MOTION TO SUSPEND SUPPORT UNTIL HE GETS BACK ON HIS FEET. HE HAS A THICK AMOUNT OF MEDICAL RECORDS FROM THE DOCTOR.
WHAT DO I DO?
Expert:  RayAnswers replied 9 years ago.
Realistically they can't. They will eventually have the hearing and they will have to accept some payment now and monthly toward the arrears. Obviously if he had the money he would have paid it. It sounds like he had extenuating circumstances here and the court will take that into consideration. The records etc. from the doctor is all good evidence here..


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

RayAnswers and other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
WHAT IS CONSIDERED NON ADMISSIBLE IN COURT?
IS A DRUG TEST THAT CAME UP POSITIVE FOR LESS THAN 1 GRAM OF THC, WHERE THE TOP OF THE DOCUMENT HAD A NAME OTHER THAN THE DEFENDANTS NAME, CONSIDERED NON ADMISSIBLE?
Expert:  RayAnswers replied 9 years ago.
Sorry I have been away here. Depends really on the purpose of the drug test. Sometimes if it was done for medical or job reasons might be inadmissable. Judge would have to rule on admissability here. It would not be good for him so a lawyer would object or even file a motion in limine----this is a preliminary motion to try and limit it from even being talked about and would be heard prior to any hearing on the merits here. Lawyers would always try to keep this out from a hearing as it really is prejudicial and amounts to sort of character assasination here. Not sure it´s relevant but would be detrimental here if allowed into evidence against the party..