QUESTION

If my wife's ex-husband is behind $10,000 in child support, when will they put him in jail?

Asked on Jul 19th, 2013 on Child Custody - Nevada
More details to this question:
My wife's ex-husband is behind $10,000 in child support. He was ordered to pay $1800 on the 22nd of June which he didn't and ordered to pay $4900 on the 23rd of July when he goes back to court. I do not anticipate him paying anything on the 23rd. When will they lock him up and for how long? We live in Texas. Thank you.
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4 ANSWERS

Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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I cannot answer specifically when they will lock him up or for how long in Texas. I can tell you that in this area he would be sent to jail and told he had the keys to his release, i.e., when he paid whatever sum the Court found appropriate to purge himself of contempt he would be freed and he would have to continue to make payments as ordered by the Court.
Answered on Jul 26th, 2013 at 2:38 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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In Utah, that could happen, but it is not mandatory to jail anyone at any time for falling substantially behind in the payment of child support. It is at the discretion of the prosecutor and/or the court whether a child support obligor is jailed for nonpayment of child support.
Answered on Jul 26th, 2013 at 2:38 AM

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Dennis P. Mikko
Using jail as a method to collect child support is a delicate balance. The threat of jail in most instances should be enough to cause a person to make some payment. However, if the person truly has no money, placing him/her in jail will not magically make money appear. The court will have to determine whether placing him in jail will result in the payment of money. Also, in the State of Michigan, once a person is more than $10,000 behind in child support, the matter can be referred to the prosecuting attorney for possible felony prosecution.
Answered on Jul 26th, 2013 at 2:38 AM

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Immigration Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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In Nevada, it is a felony to accrue more than $10,000 in arrearages. However, the district attorney has discretion on whether they will pursue charges against the parent. The District Attorney's Child Support Enforcement Division will most likely request that an arrest warrant be issued against a parent so far in arrearages, and they can have this done without filling felony charges. However, if a parent is making payments toward arrearages, then the D.A.'s office probably won't try to keep the parent locked up.
Answered on Jul 26th, 2013 at 2:38 AM

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