SMURFEELAW
Member
What is the name of your state? AZ
My husband has an order against the bm to pay support of $125/mo plus $100 toward arrearage. this order was signed in August of 2005 and went back to October of 2004 (which explains the arrearage). Mom did not show up to the original Support determination but the Judge set it so low because he said "Mom is a drug addict and can't hold a job so I cannot attribute her income and make her pay more, and you can claim daycare expenses on your taxes". Which is all technically true so we went with it. Mom has never paid a dime. I know my husband can file contempt, he did go into CSE but they were very honest and stated that although he could fill out an application requesting their services since we are not on any State Assistance that they typically are so backlogged (we are in Maricopa County {Phoenix}) that they tend to enforce the State Assistance cases first in order to get the other parent off assistance, and as a taxpayer I respect that, as I understand it being found guilty of contempt the possible sanctions range from slap on the wrist to imprisonment. I have to be honest there is no way in he!! that my husband & I would ever be a parties to putting my SD's mom in jail for failure to pay support.
Is there anyway to guarantee that we can request imprisonment as a sanction come off the table? The problem is we could really use the money but I know for a fact that even if she won the lottery she wouldn't pay she has always stated that "no matter what Mom's don't pay support, that's a Dad's job."
This probably sounds crazy, the whole truth is what is worse in the long run not holding mom accountable for her responsibilities or having the child find out years from now that Dad filed the papers that sent mom to jail (if that were to be the outcome)
Anyone from AZ? I know for a fact that the County jail has tons of Failure to Pay Child Support Inmates (Sheriff's Joe- Tent City as it is nationally know) so is it very common to throw someone in jail
My husband has an order against the bm to pay support of $125/mo plus $100 toward arrearage. this order was signed in August of 2005 and went back to October of 2004 (which explains the arrearage). Mom did not show up to the original Support determination but the Judge set it so low because he said "Mom is a drug addict and can't hold a job so I cannot attribute her income and make her pay more, and you can claim daycare expenses on your taxes". Which is all technically true so we went with it. Mom has never paid a dime. I know my husband can file contempt, he did go into CSE but they were very honest and stated that although he could fill out an application requesting their services since we are not on any State Assistance that they typically are so backlogged (we are in Maricopa County {Phoenix}) that they tend to enforce the State Assistance cases first in order to get the other parent off assistance, and as a taxpayer I respect that, as I understand it being found guilty of contempt the possible sanctions range from slap on the wrist to imprisonment. I have to be honest there is no way in he!! that my husband & I would ever be a parties to putting my SD's mom in jail for failure to pay support.
Is there anyway to guarantee that we can request imprisonment as a sanction come off the table? The problem is we could really use the money but I know for a fact that even if she won the lottery she wouldn't pay she has always stated that "no matter what Mom's don't pay support, that's a Dad's job."
This probably sounds crazy, the whole truth is what is worse in the long run not holding mom accountable for her responsibilities or having the child find out years from now that Dad filed the papers that sent mom to jail (if that were to be the outcome)
Anyone from AZ? I know for a fact that the County jail has tons of Failure to Pay Child Support Inmates (Sheriff's Joe- Tent City as it is nationally know) so is it very common to throw someone in jail