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Husband in rehab and owe child support?

I am currently separated from my husband. He is in a drug rehab. He is in arrears of over $5000 in child support. He want to get the amount reduced because he is unemployed. Will the judge lock him up or will he go free and have the amount reduce, considering he hadn't paid child support in over a year.

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  • 1 decade ago
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    well..most cases the amount of arrearage must be paid back..hope he recovers from the drug addiction..straightens up and get a job.. and starts paying child support..too many issues in his life to overcome...hope you are taking care of yourself because you are the parent and I bet doing the best that you can

  • 1 decade ago

    They may put the payments on hold, because he is unable to generate any income. Child support to my knowledge is one of the only debts you cannot escape. If he uses his ssn when he is out and able to work, his wages can be garnished. If he files bankruptcy, as my uncle did, the debt still stands. My cousin and I are now 25/26. Her father is still paying child support to her mother. He isn't making much money but a check for 16.25 is sent to my aunt every month from his garnished wages. I would suggest patience, after all you cannot get water from a rock.

  • 1 decade ago

    You will need to file a motion for contempt, if you want him locked up. Even if the contempt is set, it is unlikely the judge will send him to jail the first time he goes before him. Most deadbeats get multiple chances to fly right.

    In regard to the reduction, he will get it, if his income has dropped by greater than 25%. You will need to argue that he is voluntarily underemployed (i.e. he could make more money but chooses not to). The reduction will only apply to future payments. Your arrearage amount will stay the same.

  • 1 decade ago

    your going to have to give him time...his debt will persist for the entire childhood of the child, from the previous generation the child support enforcement agency has learned it is unwise to kill the goose that lays the golden egg.

    I was the product of a failed marriage and the child support demands weakened the only one of the two households I belonged to, that had any chance of providing for me.

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