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When the non custodial parent get arrested for child

Customer Question
When the non custodial...

When the non custodial parent get arrested for child abandonment does the money he pays to get out of jail go to his child or towards child support

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Dekalb County ga

Lawyer's Assistant: Have you talked to a lawyer yet?

No we have a case open already he fails to pay them the judge took a warrant out and he has been arrested for child abandonment

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes what’s the max they make you pay by bonding out on a abandonment warrant

Submitted: 8 months ago.Category: Family Law
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Answered in 13 minutes by:
10/2/2017
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,455
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your family law question today.

Payments for bail or court fines that aren't paid directly to the recipient of court ordered child support order or to the department of child enforcement won't count towards child support arrears or current obligations.

This is the rule of law. The only exception would be a court approval of a deduction filed through the court that ordered the support order. The obligor would need to file a court modification petition.

We are here to help.

Please follow up with me if you need anything else.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

So please remember to rate positively today before your exit.

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Attorney Bill

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Customer reply replied 8 months ago
what’s the reason of the warrant and him going to jail for abandonment if I’m still not going to receive anything from him as I suppose to ?
Customer reply replied 8 months ago
The bail that was paid goes to who?
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago

Abandonment can be a separate criminal charge to failure to pay child support.

The arrears continue to accrue while he is in jail, so if he gets a job after release he will have a greater child support debt.

"

O.C.G.A. 19-10-1 (2010)
19-10-1. Abandonment of dependent child; criminal penalties; continuing offense; venue; blood tests or other comparisons as evidence; payment of expenses of birth of child born out of wedlock; agreement for support of child born out of wedlock

(a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child.

(b) If any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, he or she shall be guilty of a misdemeanor. Moreover, if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, and leaves this state or if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, after leaving this state, he or she shall be guilty of a felony punishable by imprisonment for not less than one nor more than three years. The felony shall be reducible to a misdemeanor. Any person, upon conviction of the third offense for violating this Code section, shall be guilty of a felony and shall be imprisoned for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor. The husband and wife shall be competent witnesses in such cases to testify for or against the other.

(c) The offense of abandonment is a continuing offense. Except as provided in subsection (i) of this Code section, former acquittal or conviction of the offense shall not be a bar to further prosecution therefor under this Code section, if it is made to appear that the child in question was in a dependent condition, as defined in this Code section, for a period of 30 days prior to the commencement of prosecution."

remember to rate positively today before your exit.

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So I hope you rate FIVE STARS today.

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Attorney Bill

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Customer reply replied 8 months ago
I’m still confused
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago

The bail is refunded to the person who posted bail.

Child support charges are separate from abandonment charges; they are two different criminal charges.

Once he gets out of jail you can seek enforcement of child support.

remember to rate positively today before your exit.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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Customer reply replied 8 months ago
Why would it be refunded to him who paid it but he owes ?
Customer reply replied 8 months ago
They gave him a signature bond
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago

In that case there was no cash paid for bail so there would be no return of any money if he keeps his bail.

If he fails to keep to his bail terms a monetary judgment will be entered against him.

Best

Attorney Bill

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Customer reply replied 8 months ago
what do I do from here on out ?? How do I go about receiving funds or can I go take another abandonment warrant out
Family Lawyer: Bill Attorney, Lawyer replied 8 months ago
You can follow up with child support services to enforce the payments or bring a contempt motion in the Family Ct for failure to abide by a support order.
I see you have yet to rate positively.
Just a reminder to rate positively today.By rating 5*****, 4**** or better is the only way I get a credit for my previous answers.
Thank You
Attorney Bill
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