Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Single Moms Single Moms

jail and child support question

Posted by on May. 17, 2013 at 10:29 AM
  • 17 Replies

I filed for child support back in December and haven't heard anything back so I have been on the phone almost everyday trying to get in touch with the worker involved with my case to find out what's going on. I've yet hear back from this man. My question is how does it work when filing for child support and the man is already in jail for non support of another child? I knew he was locked up in county but today I found out he was sent to Department of Corrections and found out exactly what he's in jail for.

CafeMom Tickers
by on May. 17, 2013 at 10:29 AM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
jenmomx3
by on May. 17, 2013 at 11:06 AM

 In Maryland they changed the laws here pretty recently, and an Ncp that is in jail is not charged for child support.  If you were here, you would have to wait until he got out of jail to expect any kind of payment.  Or if he had already been paying, it stops adding on when they got to jail.

steviechick
by on May. 17, 2013 at 11:15 AM

How long is he in jail for?  You won't get paid until he's back at work collecting a paycheck.  And, since he already is a deadbeat to another child have you been able to find out the amount you will get for your child? 

In KY if your BD is in jail you have to wait until he's out and collecting a paycheck.  If you don't have a garnishment in order I would get one ASAP.  That way you have it collected from his employer.  The dude is going to have to get his crap together or he will end up doing a bigger sentence in jail. 

flawskii
by on May. 17, 2013 at 11:27 AM

He's in there for 10 months. How can I get a garnishment order if I have never been to court for cs? As I said in my post I filed for it in December but haven't spoken with my cs worker. I've called and keep calling to check up on the status of what's going on. Idk the process that's suppose to take place so I just keep calling to find something of anything out about what's going on. Yesterday my sister gave me the number to the prosecutor's office to call and see if I can find out anything so that's something I'm about to do.

Quoting steviechick:

How long is he in jail for?  You won't get paid until he's back at work collecting a paycheck.  And, since he already is a deadbeat to another child have you been able to find out the amount you will get for your child? 

In KY if your BD is in jail you have to wait until he's out and collecting a paycheck.  If you don't have a garnishment in order I would get one ASAP.  That way you have it collected from his employer.  The dude is going to have to get his crap together or he will end up doing a bigger sentence in jail. 


CafeMom Tickers
flawskii
by on May. 17, 2013 at 11:36 AM

I'm sure I wouldn't be able to collect if he's in jail but I guess my question is, if I'm filing a child support order I have to wait till he gets out in order for anything to begin to happen like dna test and all that? 

Quoting jenmomx3:

 In Maryland they changed the laws here pretty recently, and an Ncp that is in jail is not charged for child support.  If you were here, you would have to wait until he got out of jail to expect any kind of payment.  Or if he had already been paying, it stops adding on when they got to jail.


CafeMom Tickers
steviechick
by on May. 17, 2013 at 11:40 AM

Okay, so you haven't had your day in court yet with the ex?  That's the first step.  If you need a DNA test done then you can request that while he's in jail.  However, I think he needs to agree to the test.  IF you can force the test for cs then he probably will have to take the test.  IF he tests positive then you can certainly drag him to court.  Just file for a motion for cs order.  He has to meet before the judge so he/she can make a ruling.  During the ruling the other child that he fathered will come up. Depending on his income the judge has to rule what amount goes to you.  Unfortunately, you have a long wait ahead of you since he has 10 months jail time.  It sounds like he may have lost his job already.  Another issue you have to deal with once he gets out of jail. 

Robsessed98
by on May. 17, 2013 at 12:16 PM
You should go ahead and get the order in place so it will be ready when he gets out and gets a job. Sucks but all you can do is wait and let it accrue.
virginiamama71
by Carrie on May. 17, 2013 at 12:31 PM
In a situation like that I would not even bother. He is already not paying for one child, now is expected to pay for another. Once he gets out, he will not work, and if he does it will be under the table and he will constantly be going back to jail for not paying on his child support orders. You will end up never getting any support, and its better if you just continue to be the main support for your child.
huntersmommy91
by on May. 17, 2013 at 12:37 PM
If he works in jail/prison whichever one he is in the will take it out of what he makes there. My sons father has been in prison for 4 years and I was getting about $4 a month. Good luck
jenmomx3
by on May. 17, 2013 at 12:58 PM

 No.  They will bring him to court for any court dates or dna testing. You can definitely get the ball rolling.  They will bring him over in cuffs from the jail.

Quoting flawskii:

I'm sure I wouldn't be able to collect if he's in jail but I guess my question is, if I'm filing a child support order I have to wait till he gets out in order for anything to begin to happen like dna test and all that? 

Quoting jenmomx3:

 In Maryland they changed the laws here pretty recently, and an Ncp that is in jail is not charged for child support.  If you were here, you would have to wait until he got out of jail to expect any kind of payment.  Or if he had already been paying, it stops adding on when they got to jail.


 

Shy_Dia
by Silver Member on May. 17, 2013 at 3:23 PM
Ahh! I'm jealous! I was getting a little over $2. I have a full $22 in the back now that I can pull out if I want lol.

OP- file for child support, he can either get the DNA test or just say that he's the dad- he'll have to do one or the other, especially since he's basically state property right now. Like she said, if he's working in there, you will get a very, very small amount of cs. It'll be the lowest amount possible, but once he gets out and gets a job, you could file for an amendment of support.

It might take a while though too. It took me 18 months for them to finally get us in to see a judge. Since there's no order, he won't be charged with not paying but if he doesn't pay, then eventually he will be...but again, it'll take a while. Only reason my ex managed to get charged with that is because he escaped from a court ordered rehab, so he had an escape charge... Plus felony drug possession, theft, etc. if he never caught those cases, they wouldn't have done anything about him not paying. IMO at least.


Quoting huntersmommy91:

If he works in jail/prison whichever one he is in the will take it out of what he makes there. My sons father has been in prison for 4 years and I was getting about $4 a month. Good luck
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

close Join now to connect to
other members!
Connect with Facebook or Sign Up Using Email

Already Joined? LOG IN