Legal Question in Family Law in California

Re: Child Support

It is highly unlikely that you would go to jail. Everyone wants you paying child support. A good idea would be to start paying before you move back and then make sure there is a wage assigment so that you will be paying the ongoing. You can't pay child support while you are in jail, so if you start paying the support it is unlikely you will go to jail. Good Luck, Pat McCrary

Re: Child Support

Start paying child support, the full amount plus a little extra to make up for arrears. One way to avoid jail is to file a chapter 13 bankruptcy and pay back the arrears over 5 years (if this is possible)--this will do 2 things: 1. It will keep you from going to jail b/c you have a court order requiring the obligee to accept payments and 2. It will stop interest from accrueing. If arrears are astronomical, you can get a court order setting arrears and offer to pay a certain amount each month--this too will also prevent a contempt of court judgment (although it may take the rest of your life to pay back the arrears). Also, you can pay off the DA what you owe the County and try to work out an arrangement with the mom for any balance owed (i.e. pay her 1/2). Finally, I have been told by the DA that they will not seek contempt of court against anyone who is paying at least $10 per month. But I do not trust anything a DA says. You might want to have an attorney to talk to the DA first before you come back to California to work out an arrangement so you don't end up in the Hoosgow.