Since Tony has been in prison (5 years 2 months), obviously he's been unable to pay his support for his son. I don't personally know the mother and haven't ever met the child either. But, I do know that Tony was current with his support untill being incarcerated.

Here's what I'm wondering. I think Tony could find this out on his own, but he's slacking. I guess since he's still got atleast two and a hlaf more years in, he figures there's time to worry about it later.

Right now, he's twenty six thousand dollars behind. The child support people (not sure exactly who, I think it's family court or something) send him a statement every month about how far behind he is. So, how will it work when he gets paroled? Are they going to come arrest his for being behind on his support? Or will they give him time to catch up? Can he lose his parental rights to the child because he hasn't been paying while he's in prison? I do know that in NY if you lose your rights it satisfies your delinquency. (when my x signed off on our kids, i had to kiss the money owed goodbye)

Thanks for any answers. I just think it's screwed up. He's gonna have a hard enough time getting himself set up on the outside...and you know if they set up a payment plan that it won't be anything he can afford right away. Has anyone known anyone who's been through a similar situation? And if so, what did they do?

THanks again :)

I would think he should do some reseach now, while he doing time, to see what can be done and then take it to the Courts to have things modified before he gets out, if that's possible?

Otherwise, when he gets out, he will have the current monthly payments plus a percentage for back payments.

If on parole and things haven't been modified and he doesn't pay or even can't pay, that could become a parole violation, depending on the PO he draws.

To let this drift along and do nothing or not know what is possible, that he can do or what can be done too him, is not to his benifit!

That's one of the major punishments for getting incarcerated, especially where children are concerned. I think it will just continue to add up until he's released and when he can pay it. Hopefully he won't have to go back to jail for child support. I've seen that happen before.

Billy is behind in his child support. It's not as much as yours...only $4000, but he gets the monthly statements and it keeps adding up. He's only been in for 2 years and has 2 more to go so it will be a greater amount when he comes home.

I don't think that he will be arrested as soon as he gets out. He has to go to court and tell them what has happened and why he hasn't paid. They will take it into consideration. He just needs to make the best effort to pay up on it when he comes home. That's my take. It may be different where you are...but I'm hoping that's what Billy will be able to do.

Good luck, Denise

Here is what happened to me regarding child support. Now I'm in California, so other states may be different, so check your local laws.

While I was in prison on my first term, my wife got on welfare, which automatically kicks in child support. I never thought of it, & no one ever said anything to me. I was in & out for a few more years. On my last prison term, I got out, & tried to get a drivers licsense, but it had been suspended for non payment of child support. My wife had only been on welfare for 5 months, but the DAs family support division kept on charging me monthly child support, interest, & penalties. I went to the DAs to get my drivers liscense back & was told I owed $35,000. I got a job & they confiscated 25% of my gross wages.I had to go to court many times to get my child support lowered. None of this money was going to my children. I have always supported them unless locked up. This was all back payments, & interest. I finnaly got my bill down to $6,000. Being I am now selfemployed I have to make payments on my own.

They won't arresst him immediately, only if he makes no attempt to pay. B-ray is right too. He can run afoul with his PO if he makes no attempt to pay the bill.

Your state may be different, but here in calif if you initiate a court case regarding the state, they will drag you back to county jail for your court dates, & county jail sucks. This means no mail, or canteen, or anything. I'd put it off till I got out to deal with it. Also technically you can end up doing more time too. It's easier to fight this kind of stuff on the outside anyway. As for getting info while your locked up, it's a hit & miss kinda thing. Sometimes you get the info, other times you don't (i think they see your in prison, & just blow you off).

Good luck-----Ken

Billy had his driver's license taken away because he owed child support before he was locked up. His ex-wife automatically went on welfare and she is supposed to go back to work now that their son is in school, but she's made no effort to do that.

So until Billy get's his paid up-he won't have a driver's license either.

That's so dumb to take their driver's license. Does it have to be paid in full to get your license back, or just making timely payments for a certain length of time? Geez...how can these guys get a good job, go to work, and pay their support with out a license? And I bet if they drive without it, it's a parole violation or something, right? "Der...Hi...we're the government!" So much makes no sence. Are the people who make this stuff up from the real world?

Nicky,

From my understanding he has to have it paid in full before he can get his license back. In this state, a license is a privilage, so it can be taken away for numerous reasons.

I will be the one to take Billy to and from work when he comes home. That's a lot of running because we live in a small town and the only jobs are in the city. 30 miles round trip everyday.

It probably is a parole violation because it's against the law to drive without and if he gets caught then he's in trouble again.

So really, it's a no-win situation.

There are some case's here in CA when a person can get a too/from "work" driving permit, not a license. I was told that it has the hours and days, that he/she is allowed on the road.

It's something to check out, I think it has to come throught the Courts in reguards to child support and making payments???

In Alabama there is community work release where inmates work in factories and for other private industry. The prison system automatically keeps 40% of their income for room and board. The other 60% goes into their accounts and can be taken for back child support or other state fines. When Wayne was in work release in the early 90's, he paid his fines, court costs, and restitution through community work release, before he ever even came out of prison plus had about $2000 to "start over" with..

DANIELLE-THERE NEEDS TO BE MORE PROGRAMS LIKE THIS- UNFORTUNATLEY, EVEN WHERE PROGRAMS ARE AVAILABLE THERE ARE MANY INMATES WHO ARE NOT ELIGIBLE OR ALLOWED TO PARTICIPATE-

in some cases you can get the child support suppended while you are incarserated.. i know because my son's dad did it. he is in prison in cali. you can ask for a special hearing and they will determine if it fesible to hold the payments.. most of the time they will do it.. just depends on the state and the child custody case..

They won't do it in my state. They say it's voluntary unemployment. So it keeps adding up.

In got my licsense with no restrictions as long as I was current on my payments. You can get child support suspended sometimes, but I didn't know about it, so when I tried to go & do it retroactively, they said NO WAY ! In Calif. when a woman goes on welfare they can also go after the guy for welfare reimbursment. The whole thing is insane. These people don't care about anything but getting their money. I told them that the money coming out of my pocket was taking money from my family which includes my son whom this whole thing is over. They don't care. ------Ken

Ken,

No they don't care. My state sides with the woman 99% of the time anyway. My boyfriend's ex-wife has had Child Protective Services on her for almost 2 years, she's been arrested several times, and they won't do anything about the welfare of Billy's son. Now if Billy was doing all of that, they wouldn't hesitate to take him away.

So this state is screwed up and I know that men are the "bad guys" in their eyes. Women can do no wrong at all. But I'm behind Billy 100% with all that he has to do go through. It's all just messed up!!! :argh

Denise

I would not wait until you got out to find out what your state requires. have someone on the outside check for you, it will bring a faster response.Steve&kids

Here in Texas dont dont have anyone find out about child support while your love one is locked up. My husband is behind in support by over $5000.00 his ex filed for the divorce while he was locked up and the judge knows he is in prison so she got only 50.00 a month which here they dont make money if they are only in gp. we have to go to court when he comes home she is not told when he gets outs so this will give him enough time to get the money. Also if you have re-married like we have the ex- can go after your income meaning the new wife like myself and i will be damn if she is going to get my income when she does not allow us to see the children he has not seen his kids since going on 5 years now and since our marriage she will not let me see them. I have a right to see them but doing this she will go after my income and i have 2 of my own from my 1 st marriage. So i hold back the 50.00 a month until he comes home. I have been told by our attorney that when we going to the court he will asked the back support be lowered this can happen but it depends on the judge. In the divorce decree i have found over 3 violations she has done and writing down each month when she does not notify my husband of her move her new marriage and the welfare of the kids and pictures. We dont say anything until he comes home because she is digging a bigger grave for herself in court as the months go bye. speak with a attorney first before asking any questions throughh the courts here in Texas they can been held back from release. hopes this helps.

I think you had better go looking for the laws specific to your state. Obviously each state seems to have it's own way of handling this judging by the posts. I can't believe that someone could lose their parental rights and then not have to pay support. The state just rewards them for not being a decent parent or what?! And I would get on it now and look like he is making the effort ahead of time. I've heard about all the driver's license revocations around here, too. I believe you could ask a judge for the restricted license to get to work. It would sound like he wants to do what he can to catch up then. And I have also heard people threatened with jail time for not paying support. I'm sure the modification to lower payments would be the best thing he could do for now. If he shows the effort it will look favorable to him. I doubt you could lose your visitation rights just because you can't or don't pay. It would take a whole mess of things for a judge to decide not to let a parent see the child on some level, even if it means supervised or restricted visits. Money shouldn't have anything to do with seeing your kids! I believe a child should know something about a parent that they had a relationship with even if it means that they see their parent isn't perfect. As long as the child is not in danger! I could ramble on for a while so I'll quit here. Good luck to all.

THAT WHOLE SYSTEM IS WRONG. I KNOW RIGHT NOW IN WASHINGTON STATE. THEY DONT MAKE IT TO WHERE ITS DAMN NEAR IMPOSSIBLE.THEY PUT A HALT ON THE CHILD SUPPORT UNTIL YOU ARE OUT. OR YOU MAKE PAY LIKE 25 A MONTH. BECAUSE IN THERE YOU ARENT MAKING THAT GOOD OF MONEY. I WISH YOU THE BEST OF LUCK. IF I WERE YOU I WOULD CALL THEM UP AND JUST ASK A GENERAL QUESTION. SO THEN THAT WAY YOU HAVE THE ANSWER SINCE YOUR MAN IS BEING A "SLACKER" AS YOU PUT IT. IT IS NEVER TOO SOON TO WORRY ABOUT SOMETHING AS IMPORTANT AS THAT. DOES HE NOT WANT ANYTHING TO DO WITH HIS CHILD? MAYBE HE SHOULD THINK ABOUT THAT........

In Michigan the Supreme Court ruled that an incarcerated person does not have to pay. It is suspended when you go in and starts when you get out. I had to fight it when my husband went in as it was stock piling and his ex was trying to make me have to pay it. So, I had to fight both---his being suspended and me not having to pay the support. We won. Check case law in your state and see if presidence has been set or you're looking at a bill that's just snowballing and it's insane. Good luck!

Deb

Here's the # for NY if your still interested :
Child Support enforcement (212)274-6923
Help line (212) 226-7125
Inquiry Line (212) 274-6522
Now these #'s are for NYC not state, not sure where in NY you live but give it a try, they should be able to answer any question for you.