Help getting children's father out of jail

[RStarr123]

Jurisdiction

South Carolina

Back story:

My ex husband is in arrears in a private child support case $4,400. I filed contempt back in Sept. 2016 and he was found in contempt. He started to pay according to the contempt motions. He has his times where he stops paying and restarts again numerous times. He stopped paying child support in April and I filed for the Contempt rule to be upheld. A warrant was issued for his arrest for past due support. He started paying again and then stopped paying again in May.

He lives in CT and came here the last few days for our sons birthday. He went on visitation with them the other night and was planning on having a visit with them last night as well. We spoke and he agreed he was going to begin helping and holding up his end of things.

Another family member of mine (against my knowledge) called and told the police where he was. He was taken into custody. I thought there would be a hearing however, there was not. In the Contempt ruling he was sentenced to an automatic 90 days in jail and/or pay the past due balance. He doesn't have the money and has no one to help him get the money. This hurts my children in the long run.

Is there anything I could file to help him get out?

Thanks in advance.

 

[leslie82]

I would not get involved and let him figure his way out of this mess. It's his fault he's in it. He decides not to pay child support. It's only going to end up causing hurt if you get involved. I'm not sure there's anything you can do but waive support but then he still owes what was owed before it was waived.

 

[hrforme]

He knew there was a warrant in your state/area due to nonpayment but still made a visit that cost $$s and didn't consider that there was a chance he could be arrested? I applaud that he wanted to see his child(ren), but a day or two here or there while not helping to support them is not what the law requires.

You started this ball in motion when you filed Contempt charge and then wanted them them to be upheld. Did you think you were the only one who had the control on whether the warrant was enforced? That's not how warrants work. If you bail him out now, just realize you will probably not see another dime of child support ever because he would now know there are no (formal, legal) consequences to his not paying.

 

[adjusterjack]

Agree with the others. Let him stay put for the 90 days and maybe he'll take his obligations seriously when he gets out.

 

[army judge]

Is there anything I could file to help him get out?

No.

I suggest you stop worrying about a lousy $4,000, and plan to spend the next 15 years supporting your kids.

He's a deadbeat, will always be a deadbeat, and will never change.

The relative is a taxpayer, and her/his taxes really support your kids, along with whatever support you provide.

The lesson here is don't do anything you can't afford, like breeding.

The deadbeat will get out of jail whenever he gets out.

Frankly, why did he spend money to travel, that he could have spent to reduce his growing child support obligation?

He could have visited with the kid via Skype or face time, or simply called him, if the lousy four grand is as big a deal as you pretend it to be.

No need to answer me, I'm just another internet dummy.

 

[army judge]

If you bail him out now, just realize you will probably not see another dime of child support ever because he would now know there are no (formal, legal) consequences to his not paying.

Great point, just two comments.

I think the deadbeat knows there are no real consequences for his failure to pay.
He's being held on a civil contempt matter,a nd he's even treated differently in jail (as in better) because of that fact.

I doubt that the deadbeat would have made any special efforts to erase the debt anyway, as you noted, he spent money to travel; rather than reducing his debt.

My heart weeps for the millions of innocent kids held hostage to this insanity.