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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27272
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I filled for disability is that enough to keep me out of jail

Customer Question

I filled for disability is that enough to keep me out of jail for unpayed child support
Submitted: 4 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your concern. Who is seeking to place you in jail and hold you in contempt of court? Is this the first hearing? How long has it been since you last paid and how much is owed?
Customer: replied 4 years ago.
Dss is going after me..i haven't made a payment since 2012..i had my first major back surgery in 2011
Customer: replied 4 years ago.
Dss is going after me..i haven't made a payment since 2012..i had my first major back surgery in 2011 $1900 is what i owe
Expert:  FamilyAnswer replied 4 years ago.
Thank you for the additional information. In an ideal situation, once you got behind, you should have filed a motion with the court to modify/reduce the support, based upon the back surgery, which was the result of the arrears. The amount owed is not necessarily substantial at this time, so jail would likely be a last resort. Prior to the Judge imposing jail, he/she is going to 1) want to hear why you have not been able to paid and be able to support it with evidence and 2) what efforts you have made to try and get current on the payments. If there is a good chance that you will receive the disability payments, which would allow you to start paying, the Judge should not be so quick to place you in jail. If anything, the State would look to suspended your license prior to placing you in jail, since a situation like that is "no-win" for anyone. If you have an idea of what you will be awarded, you can also suggest a payment plan to get caught up. If needed, you can always ask the Judge to continue and reset the hearing, so you can come back at a later time, to bring all parties up to date about everything.

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Expert:  FamilyAnswer replied 4 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!