Probation Violation Hearing in Child Support Case

[jasonvhoof]

I just got a letter stating I have a probation violation hearing for a child support case. I have been paying as much as possible for the last two years, and my probation is already lifted. I was laid off almost a year ago, and have not been able to find work since, in this time I have sent literally whatever is in my pocket for my child support. Whether it's $10 or the full $150. I also can't look for work outside of town because they suspended my license so I have to walk to work, limiting my options to Warrensburg, MO. What can I do to stay out of jail and fix all this? Will I be put in jail?

If more info is needed, please feel free to ask. I'm an open book...

 

[Proserpina]

It's possible that you'll spend some time in jail, yes.

Can you borrow the money (there will likely be a purge amount)?

Is there a reason why you didn't file in court to modify? A lay-off (as opposed to being fired for cause) is generally a valid reason to have the amount modified....

 

[jasonvhoof]

I didn't know I could file for modification at that time, and now it's to late.

I'm hoping against hope that the judge will see in my case records that I have made at least a partial payment at least once, sometime twice a month, along with the full payments I've made. And that he will se I'm doing everything i possibly can.

I honestly am trying, I've lost my house, and everything else being out of work. i have to live with some close friends just for a roof over my head.

I'm scared, no lie.

 

[Proserpina]

I don't blame you for being scared. But really, the state generally doesn't issue violations like that without prior warning - this can't be the first time you've been made aware that they're not happy with you. The Judge could well turn around and say, "Ok - that's fine, but does the child need to eat less because you're not working?". Ignorance is no defense, I'm afraid.

With that said, you might find a sympathetic judge. It may also depend on whether you owe Mom, or the State. If Mom is willing she might be able to testify on your behalf. But if you owe the State that's different.

All I can do is suggest that you do whatever you can (legally of course!) to get funds together before your court date.

You can also file IMMEDIATELY to modify the amount and have it reduced - it won't help with the arrears, but it would at least give you a chance at reducing the current obligation.