Purge Order on Child Support

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Latest post Thu, Aug 21 2008 2:34 PM by Drew. 4 replies.
  • Wed, Aug 20 2008 9:06 AM

    • shanna8
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    • Joined on Wed, Aug 20 2008
    • Posts 2

    Question [=?] Purge Order on Child Support

    My boyfriend (who lives with my child and I) has a court ordered purge due on his child support of $5000 due by Sept. 1. We will not have 100% of that money by that date. The judge says he will have to do 30 days in jail if the purge amount is not met. We will have about $2500 however. My questions are:
    1) Will we have a chance to talk to a judge about the case and see if he can modify the purge amount in order to give us a little more time to come up with the amount, seeing that he is actually going to pay?
    2) If he goes to jail for the 30 days does he still have to pay the purge?

    He is making weekly payments now totally 800/week. He brings home only 200 every week.

    I realize he has to get caught up and that the mother deserves this money. I have no problems with that at all, it's his fault this situation has gotten as severe as it has, however, I am just trying to see if there is a more reasonable way to resolve it in lieu of jail time now that he is finally (and will continue) making proper payments.
  • Wed, Aug 20 2008 12:38 PM In reply to

    • LynnM
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    re: Purge Order on Child Support

    1. There's no "we" in this situation. He can certainly try to convince the judge to give him more time.

    2. Going to jail is a punishment for not paying on time. He still owes what he owes.
  • Wed, Aug 20 2008 7:45 PM In reply to

    • shanna8
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    • Joined on Wed, Aug 20 2008
    • Posts 2

    Feedback [*=*] re: Purge Order on Child Support

    I understand this isn't a "we" issued, however, and as a single mother for years I completely understand the issue at hand... however at this juncture WE are trying to do everything possible and that is PAY. He's trying to rectify is mistakes, unlike many other deadbeat dads, however some reason needs to be considered. And as for punishments I'm fine with that too, working a 40 hour week for 150-200 dollars seems like punishment enough to me. And considering going to jail is going to do nothing more than ceasing her payments all together for his incarcerated time and wasting taxpayer dollars I believe there are more appropriate ways to solve this dilemma.

    My question was simply is there any legal way to perhaps solve this situation in a different way than via incarceration if the purge amount isn't met.
  • Thu, Aug 21 2008 2:34 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,417

    re: Purge Order on Child Support

    Laymans take:

    1.In some cases inability to pay is an affirmative defense against the criminal part of not paying--and to so plead may avoid jail--no clue if it applies here.

    2. Both the judge and Mom are probably more interested is seeing support paid than to crowd the jails---so if significant progress is being made that may help --but I'd not promise faster stream than I could make---

    My read is that delinquents sometime get a few extra tries to catch up before they actually wind up in jail--or sometimes they can get weekend time only so as to keep job...

    Dad might be smart to get counsel or some track as to what this court/judge is willing to bend----

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