My suggestion is to pay your child support first before your other bills. I know it’s hard but the judge isn’t going to care about your bills. Are you only paying $100 a month because she settled for that amount? I would be worried in your shoes that she would file for an increase in support.
I don’t think you would go to jail for failure to pay this time around but i would definately pay it up asap and maybe she’ll just drop it.
I also suggest that you run the child support calculator again. If incomes have changed you may be able to modify support amount either by agreement or by order.
I agree though, the child support should come first. The courts do not care if you lose your home, car or have to work 5 jobs to make ends meet. You may need to find a way to get caught up with other bills or find out if you can spread out the child support payments so that you pay her weekly. Either way, you will have to pay that back amount to her…
Child support is based on each parents income and the number of overnights with each parent, along with child care and cost of insurance.
The reality is that it is very possible you could be put in jail for unpaid child support, but the court would have to find that you willfully failed to pay. You should bring your obligation current and file a motion to modify support. If there are extenuating circumstances and you cannot afford to pay guideline support you can petition the court for a deviation from the guidelines.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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My wife has sending me a summons for failure to pay child support. I honestly don’t have the money. I have bills coming out of my butt. I owe her 500.00 which is 5 months worth.
what r my options? could I pay her in full before the court date and not get in2 trouble? which would mean, I can’t pay my rent. she makes 4 times the amount that I do. I just don’t know wht 2 do. I do not want 2 go 2 jail for 500.00.