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What happens to child support payments when the meth addict is in jail or gets out?
Red
Hurt |
Child support payments of meth addict in jail...
I would like to know how some of you (if any) dealt with your legal issues because of drug use ?
My addict is now in jail becuase of drugs.
Since he is supposed to be paying child support and of
course can not while he is in jail. What happenes when
it is time for him to get out of jail, will he go right
back for back child support? Will that just put more
pressure on him to use again ?
How do go about, getting a job, or a drivers lisence or
anything else once you get out ?
My hope is that he will come out clean and strong and want to stay away from Meth, since he is elegible for parole after 8 months, is that enough time to really get your
life back together ?
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Savedin
illinois |
Re: Child support payments of meth addict in jail...
Child Support-
The child support will pretty much add up while he's in jail and they will probably garnish his wages when he's out and gets a job. They'll up the amount so he can make up his back amount. At least, in my experience, that's what I think they'll do.
As far as getting a job and stuff...my husband was sent to a halfway house when he was released. It's more of a gradual reintroduction to society. He lived there and was monitored very closely (drug tests, could only leave for a certain amount of time per day, had to report exactly where he was, had curfew). He was also required to get a job while in the house.
I realize that your situation may be different, but very seldom are they just let out of prison and set free. More than likely he'll have a parole officer to report to.
If he really wants a job, he will be able to get one. There are several companies in the area where I work that are willing to give a chance to those that have "paid their debt to society".
I really hope he gets into some kind of treatment program in prison. You'll be in my prayers!
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| vctry7 |
Re: Child support payments of meth addict in jail...
My husband met with the child support collection agency. They added the back child support to his current and set up a payment plan. If he works with them and does what the courts ask - on time - he should be okay.
As far as driver's license and job, it's the same for everyone. If his license has been revoked for some reason, they'll tell him what to do or who to talk to at the testing center. He can still get a photo ID to put in job applications.
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Red
Hurt |
Re: Child support payments of meth addict in jail...
Thanks for your help.
I want him to get the help that he needs, but I don't want to be the reason that he goes back to jail, if he did for child support. I would feel terrible.
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| jes78 |
Re: Child support payments of meth addict in jail...
in ri, if u r in jail, u can write and tell them so they place a hold on your child support. same thing if u stop working. u will still have to pay for those months, but u wont get in trouble for non payment and have a warrant issued.
for a person out of work they would have to appear to file a motion, but since hes in prison, he should try telling his lawyer or writing. also, he should keep a copy of the letter that he wrote for proof. he will still have to pay for those months, but they will know why hes not payiong at that times.
im not a lawer, and im only giving my opinion. and my opinion may not be right. in my state it is, but who knows if it is where u are.
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| vctry7 |
Re: Child support payments of meth addict in jail...
Quote:
I don't want to be the reason that he goes back to jail, if he did for child support
If he did go back to jail for failure to pay, you wouldn't be the reason anyway. He's not paying because he is in jail - where he put himself.
Jes is right - he needs to let the courts or child support office know that he is in jail. They don't want him to go back to jail for nonpayment. They want him to be out, working, and paying it back.
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nine
years
clean |
Re: Child support payments of meth addict in jail...
Quote:
I want him to get the help that he needs, but I don't want to be the reason that he goes back to jail, if he did for child support. I would feel terrible.
1. HE needs to get the help that HE needs. It is not your duty or your responsibility, OR your opportunity. It is HIS. Do not deny him this. We value more what we have worked for ourselves.
2. YOU are not the reason he might go back to jail for back child support, HE is. Stop taking responsibility for HIS addiction and the consequences it produced.
Quote:
is that enough time to really get your
life back together ?
ANY amount of time is enough time if someone REALLY wants to change their life.
I did a year in a California prison for women; I was clean 6 months when I went down.
I got out; I did my parole for 13 months; I began the process of gathering the pieces of my shattered life and building a new, clean life. I was a meth addict for 13 years before that; I'll be clean 11 years on July 1st.
I did this by myself, with the exception of the Good Lord. Nobody could have done it for me. I, alone, was responsible for my addiction, and for changing my life for the better.
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Red
Hurt |
Re: Child support payments of meth addict in jail...
Most of the time I know that I'm not the reason he would go back, I realize he is paying for what he has done.
But his family is really giving me the guilt trip.
How do you deal with that, how do you tell his mother
he did this not me ????
Thanks for all your help EVERYONE
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nine
years
clean |
Re: Child support payments of meth addict in jail...
Quote:
how do you tell his mother
he did this not me ????
You respectfully say it just like you did here. HE did this, not me, ma'am.
My heart goes out to you and all of the loved ones who get caught up in an addiction they did not volunteer for.
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| sabino2 |
Re: Child support payments of meth addict in jail...
Child support varies somewhat from state to state.
I may be doing a short stint in jail (on an old charge). According to my attorney my child support would be stopped for the time I am in and I would not owe it as back support. I live in CA
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| jes78 |
Re: Child support payments of meth addict in jail...
sabino, are u sure. im only asking because i know in most states they will put a hold so u wont have to pay it while u are there, but u will have to pay eventually.
what if a person is in prison for 10 yrs, will they not have to pay child support for 10 yrs. that does not sound right.
like i said, i know my state wont make u pay while u are in prison if u let them know where u are, but u will eventually have to pay for those months.
id ask again, or even check w/ your courts or ask another lawyer. i work for a lawyer and they make mistakes all the time. nowadays if u dont pay child support u can lose alot and id hate to see u get in trouble for the wrong info. jessica
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| Loraura |
Re: Child support payments of meth addict in jail...
Quote:
what if a person is in prison for 10 yrs, will they not have to pay child support for 10 yrs. that does not sound right.
Well they aren't making any money in prison, so how COULD they possibly pay?
Sticking a failure to pay charge at the end just makes sure they go back to jail where they STILL can't pay.
It sucks for the children of parents in prison who don't receive financial support.
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nine
years
clean |
Re: Child support payments of meth addict in jail...
Quote:
Well they aren't making any money in prison, so how COULD they possibly pay?
Actually, they are required to work in prison and they do get paid a minimal amount.
The money goes on their books and they can either send it home, but most don't, or use it to buy smokes, or other various sundries that the prison sells.
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| vctry7 |
Re: Child support payments of meth addict in jail...
If you are in jail here or unemployed you still have to pay $25/week for one kid. If you will work with the courts, they will usually put a hold on it and add it to you payments when you get out.
Also, in our county jail the longterm inmates have to pay something. One guy had to pay $7/week. He worked in the jail, that money went straight out of his pay and the rest of his earnings went on his books. He said he only made about $.50/hour, but I don't know.
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| jes78 |
Re: Child support payments of meth addict in jail...
loraura, they will have to pay, but if they let the courts know where they are, a hold will be placed. thay can also file a motion if they are out of work so a hold is issued and they wont have to pay at that time. but they will eventually have to pay for those months.
so say a man is out of work or in prison. he files a motion or somehow lets them know he is in prison, or if out of work goes in person to file a motion. a hold is placed on the support. the monthly support is still added, but no payment or whatever he is able to pay is only due. when he finds work or is released he lets the courts know and a payment plan is put in place. then if he doesnt pay, he can get in trouble.
this woman is not gonna get him in trouble, only he can do that.
i know thats the law overhere. im not a lawyer and the lawyer i work for does wills and probate, my stepbrother has gotten in trouble several times over child support because of the same situation. all he had to do was inform them of where he was. also my ex had a settlement coming when he was in prison and they took the whole thing, he had to pay even for the months he was in prison because he had income.
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lady
justice |
Re: Child support payments of meth addict in jail...
All you have to do is file a Motion to Modify Child Support. Let them know the circumstances and he should be okay when he comes out of jail. But make sure you notify Child Support Enforcement or they will not know to put a stop on the Child Support. You should be able to do this with no problem. |
| Tamtom |
Re: Child support payments of meth addict in jail...
here in cali they will put it on hold,thats what they do for my son.if someone doesn't they will take money off books and what little he gets from his jailhouse job. |
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