So I've recently found out my friend is in a bit of a problem. He has been out of work for some time now and has been having a hard time finding any. So he has gotten a few months back on his support. It hasn't been the first time. I think it may be the third. He's missed a few months here and there and then they schedual a hearing and he takes care of it. Well this time I'm not sure if he'll be able to take care of it or how it will work out. I found out the numbers so I can possibly get some idea for him as to what may happen. He owes total in the rears $1,900 He has $650 income tax that will be going to the support. He may be able to get around another $300 possibly. so a total of $950 to $1000 He'll be able to give him. Being as this is his third time in contept I'm not sure if they are going to let him pay the half purge and be ok or if they will want all of it. If they do I don't believe he will have it. He also recently found out he may have a terminal liver disease. Would they still put him in jail? He's going to be in for bloodwork and test the day after the hearing. What do you guys think will happen or what should he do? I know he will be calling domestics to ask at least if they will take half of what he owe total as soon as he can get to a phone today. Thank you guys!!
sick friend
- Thread Starter barbie77
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army judge
Super Moderator
He can get a continuance, until after the medical tests.
He is ill.
His health should come first.
He should contact the court, or have his attorney do so asking for a continuance for medical reasons.
Most likely, the court will want proof.
He should be prepared to produce notes from medical practitioners in support of his claims.
His shortfall isn't that great, either.
But, if his illness is terminal, things could get worse..
He may soon be in no position to honor his obligations, if his health continues to fail.
He should be prepared to prove that to the court.
I don't see him getting jail time for such a minor amount allegedly owed under these special circumstances.
But, he should get busy fixing this mess, because things might not be as bad medically as he believes.
He is ill.
His health should come first.
He should contact the court, or have his attorney do so asking for a continuance for medical reasons.
Most likely, the court will want proof.
He should be prepared to produce notes from medical practitioners in support of his claims.
His shortfall isn't that great, either.
But, if his illness is terminal, things could get worse..
He may soon be in no position to honor his obligations, if his health continues to fail.
He should be prepared to prove that to the court.
I don't see him getting jail time for such a minor amount allegedly owed under these special circumstances.
But, he should get busy fixing this mess, because things might not be as bad medically as he believes.
Proserpina
Moderator
I completely agree with Army Judge's excellent post.
army judge
Super Moderator
Why, thank you, Prosperina for illustrating such discernment and refinement in your legal analyses!!
Proserpina
Moderator
One does what one can 
Ok so I've gotten more detailed info. He may or may not be terminal now but has had this when he was younger and was told he would not live more than another year or two. He hadn't been to the hospitol in years and just this week finally went back because he hasn't been feeling well. When he was younger the levels of enzymes started to go down (which are relative to severity of the disease) When he had applied to have life insurance a while back they did blood tests and it showed his levels have significantly climed! The doctor told him very not good levels. Three past generations of males in his family have all died from a similar liver problem. So I don't think this will be going away. All of these males died prior to age 40. My friend being 23... I'm sure he can try to get something in writting from the doctor saying that he is very ill and is pending many medical test. I do know when I talked to him last he was trying to get ahold of his case worker since the time they take phone calls and is still trying as we speak and he is having no luck. So do you think there is a good chance then that with the money he will be able to give them and with everything health wise that is going on he should be ok as far as them not putting him in jail? so long as he also has something in writting from the doctor stating he need medical attention for a serious health problem? Thank you for the advice! Has been very helpful so far!!
jharris352
New Member
If he can prove that he can not pay vs he does not want to pay he is not in contempt. Many times a judge will put him in jail anyway for a time to see if he can pay somehow. I have been working on just such a case for the last month now.
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