Search our site
divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

ADVERTISING PARTNERS


Answers
You can search for Answers by tag here:

Invite Others
Invite friends and family to join you on d360! - Click here
where do I start
Our checklists are a great place to start. Or, get a quick review of your state's divorce laws with our Legal Cheat Sheet.
  Posted to group - Legal Answers    <<Previous    Next>>

Will he get arrested?

My ex is convinced that he will get arrested if he tells me where he is living.  He won't tell me because he  knows I will feel obligated to tell my case worker where he is.  He believes the first course of action will be his arrest. 

 

He was court order to pay child support starting May 1 of this year but has not paid anything yet.  He says he wants to get established where he is currently living and start working for a few weeks before he tells me where he is.  That way he can tell my case worker that he is trying to pay the back support and will avoid getting arrested.

 

Is his fear legitimate?


by firefly   105 Posts 
Posted on 11/20/2008 8:50 AM
Get AlertsGet Alerts!
Sent to Friendsend to friend
Minnesota legal questions on divorce360.com
0

Tags: ex , child support


Answers for "Will he get arrested?"  (8) (You must be logged in to answer)




wow typo city - sorry -
by spaznskitz   4948 Posts
Posted on 11/20/2008 1:56 PM
0





he's being an idiot.

unless he plans on never paying CS and that is his excuse...for now...

you have aright to know where your kid(s) go...

 

see if you can get somethign in writing from the caseworker about how there is no warrant...

 

if he still refuses to give you the info, then file contempt charges for with holding information & the court will compel him to give it to you.

by spaznskitz   4948 Posts
Posted on 11/20/2008 1:56 PM
0





If he has a warrant, he'll likely be arrested if he gets stopped by any law enforcement official...and it could fuel his fears...if your case worker knows where he lives, he has the warrant holding over his head, your caseworker...or you, for that matter, may feel that you now have a HUGE lever for compliance...quite bluntly, it's deserved, but that's probably why he's a little apprehensive about giving you his address.

If there is no warrant, than he has nothing to fear...your caseworker, if he/she does anything, probably *at worst* would pester him to pay support or work from there to get his wages garnished for you, but I highly doubt that she would go straight to the courts FIRST to seek a warrant for his arrest.

So, the short answer to your question is, most likely, his fear is unwarranted.
by BlueB   1224 Posts
Posted on 11/20/2008 12:11 PM
0





OK. Just got off the phone with my case worker.  Once they locate him, they will send out a deliquency notice and give him about a month to contact them before they write up a warrant for him.  The trick is finding him.
by firefly   105 Posts
Posted on 11/20/2008 12:09 PM
0





I have known people who have been put in jail for severely deliquent child support payments for short peroids of time.  I just cannot imagine that 5 months would be deliquent enough for him to be be sent directly to jail.  Maybe I am just naive but I figured the state would at least try to work with him first.

Btw, the state would garnish his wages and seize his assests if he had wages or assests.  Jail time is a last resort.
by firefly   105 Posts
Posted on 11/20/2008 10:49 AM
0





I thought one of the things the founders of this country objected to was "debtor's prison"?!

My impression is that you don't get tossed in jail for failing to pay debts/bills. You just get your wages garnished and your assets seized.

Just MHO, of course. Haven't ever been on either side of this particular fence.
by jhs   531 Posts
Posted on 11/20/2008 10:25 AM
0





I think there might be a warrant out on him for not paying child support.  I've tried calling my case worker to find out what will but had to leave a message.  I probably won't hear from her til tomorrow.
by firefly   105 Posts
Posted on 11/20/2008 10:21 AM
0