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my fiance was arrested on friday by bergen county police ...

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my fiance was arrested on...
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
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6/1/2008
Family Lawyer: Cowgirl Lawyer, Lawyer replied 9 years ago
Cowgirl Lawyer
Category: Family Law
Satisfied Customers: 1,422
Experience: Attorney for 22 years. Family law, child custody and support, domestic violence.
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It does seem incongruous that a jailed person is expected to pay child support, and yet, that is how the system is set up. It works very well with parents who HAVE the money and simply don't want to pay child support. Such people will quickly come up with the money to pay in order to get out of jail. However, for poorer people it becomes a sort of debtors' prison.

New Jersey has many penalties for people who fall behind on child support payments, including jail, revocation of his driver's license, seizure of bank accounts, seizure of tax refunds, etc. Many parents become so far behind in child support that they flee states with such harsh penalties, as they cannot earn enough to make the payments necessary to avoid jail. And, New Jersey does not allow for retroactive modification of child support arrearages. Therefore, even if your husband could get his current child support modified, that would have absolutely no effect on his arrearages. But if he could petition for a modification, at least that would reduce the amount he has to pay over-all.

If your husband is sentenced and serves time, he would need to get his child support modified so that the amount of arrearage that accrues while he is incarcerated won't continue to grow to such a horrible amount. If he cannot get the child support modified, then yes, he will face potential jail when he gets out of prison.

Good luck to you!

Please ACCEPT. Positive feedback and bonuses are appreciated!

Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.


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Customer reply replied 9 years ago
Reply to Gloria Morris's Post: HE'S NOT IN PRSON. BERGEN COUNTY JAIL TOOK HIM ON FRIDAY WHEN WE WERE IN COURT .....WE HAD NO IDEA THERE WAS A BENCH WARRANT SET TO ARREST HIM? SHOULDN'T HIS PROBATION OFFICER NOTIFY HIM? THEY HAD BEEN IN CONTACT AND CONVENIENTLY FORGOT TO TELL HIM!!!????
Family Lawyer: Cowgirl Lawyer, Lawyer replied 9 years ago
Yes, I realize he is currently in jail. You also mentioned an upcoming sentencing hearing. Therefore, I wanted you to also realize that if he is sentenced to jail and or prison for a criminal offense, that the arrearage will continue to pile up on him while he is serving his sentence, whether in a jail or prison. And that is why I suggested that a motion to reduce his current child support would be a good idea.

In New Jersey, one may go to jail whenever a warrant for arrearages is served. This may happen at a routine traffic stop. It often happens when people go to court on another case. His probation officer would likely be in violation of his or her rules of employment if he or she had told your husband about the outstanding warrant.
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Customer reply replied 9 years ago
Reply to Gloria Morris's Post: i read that he should be notified 2 weeks prior to the bench warrant arrest, to give him a heads up of what may/may not happen. this is usually done to push the non-custodial parent to become current. meanwhile they ALL knew he was sick, couldnt work.......this is NOT new to them. it seems as if the prosecutor is working closely with his ex-wife, and the ex-wifes mom. the ex-wife cuurently lives in texas. he approvd their move last july. she came up for xmas in dec of 2007, let him spend the day with the kids and her...and the ex-mother in law...once she returned home to texas, she doesnt let him speak to the kids....she says it's emotionally unhealthy for them, because he is so far away.
meanwhile, she was the one that asked him for his consent to move!!!!!!!!!!!!
Family Lawyer: Cowgirl Lawyer, Lawyer replied 9 years ago
I'm going to opt out and let another expert take a stab at answering your question. Thank you.
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