Child support case results in jail for immigrant | Lane & Lane, LLC
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Child support case results in jail for immigrant

Child support orders are to be followed according to law, or there may be serious consequences for parents. If a parent fails to pay child support or does not comply with any order regarding the care or visitation of children, that parent may face contempt charges. In New Jersey and elsewhere, contempt can lead to jail time, and that time can last until the support is paid or other restitution is made. One child support case making news gets complicated, as the paying parent is an immigrant who says he was not in the country when an order was served.

The father in question was ordered to pay $1,000 a month in support for his child. He had owned a jewelry store that went under. The man claimed that the support order would mean that he had to pay the entirety of his income. Therefore, he did not pay the support and was jailed for contempt.

The man remained jailed for several months. A motion was put forth asking for his release and stating that the man was not in the country when a child support order was issued, further stating that his ex-wife had an order served to an address at which he no longer lived. The judge agreed to free the father if he paid $1,200. The mother in this case says she fears he will leave the country if freed from jail.

In child support cases involving non-payment, payment of back-due support is often ordered. Even if a New Jersey parent can keep up with payments, the strain of back-due support may lead to additional financial hardship and the inability to pay on time. For parents who pay and parents who need child support payments, this cycle can be frustrating. Anyone having a difficult time paying or keeping up with child support payments should be aware of the facts about contempt and also how seeking a modification may help parents stay on track with payments.

Source: CBS Chicago, "Man Freed After 6 Months In Jail For Failing To Pay Child Support", Mike Krauser, Dec. 11, 2014

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