Jail time for alimony missed payments

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Jail time for alimony missed payments

Postby ca_mess_beware » Wed Oct 19, 2011 9:58 pm

I have CS for 3 and SS for 7 years in addition to JOINT debt.

Question
In the event of a job loss I may not be be able to get expensive legal again. I would consider telling the judge I am out of money and not paying SS.

What is the duration of jail?
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Re: Jail time for alimony missed payments

Postby Fatheroffour » Wed Oct 19, 2011 10:00 pm

Up to the judge.
Everyone lies.
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Re: Jail time for alimony missed payments

Postby nighthawk » Wed Oct 19, 2011 10:30 pm

You can only be charged and put in jail for, "Willful Contempt". If you can show the court that your not abiding by the court order is not willful, and beyond your control, it is not punishable contempt. If there is a change in your income, the court can adjust your payments!
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Re: Jail time for alimony missed payments

Postby ca_mess_beware » Wed Oct 19, 2011 11:21 pm

Thanks for your replies.

Yes. Willful versus Technical Contempt. I will start to prepare for worse case scenario.

Legal too expensive and STBX would never let up in any scenario. I do not see help coming from the Family court. I am sure I would also not be the first person to be in that position.

I would almost have no option but to offer to pay a small portion and request to serve jail for the rest.

If anyone else has been through this please let me know.

Thanks for your help!

This site is life saver. I wish I would have ran into this site right before I was issued a DV on false charges. It could have seen the blows coming a mile away.
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Re: Jail time for alimony missed payments

Postby nighthawk » Wed Oct 19, 2011 11:30 pm

These guy's on here can help you defend yourself, if, you can not afford an attorney. All you have to do is ask, and be willing to work!
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Re: Jail time for alimony missed payments

Postby BartSimpson » Thu Oct 20, 2011 12:05 am

You are being utterly ridiculous. They do not have debtors jail.

Have you seen the news? California is releasing hundreds of thousands from jail due to overcrowding - actual criminals, not broke fella's who can't pay their alimony.

Such doomsday thinking is a useless waste of energy - and it is not a form of preparing for the worst. You should consider a therapist to discuss your maladjustment to reality. You went from missing a couple of alimony payments to doing time in jail - a leap to infinity. Get a grip - get a therapist.
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Re: Jail time for alimony missed payments

Postby Thoughts? » Thu Oct 20, 2011 1:16 am

He's new to the process and worried about it. I agree that black & white thinking and being overly fearful is not good for his strategy. But let's all take it down a notch.
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Re: Jail time for alimony missed payments

Postby ca_mess_beware » Thu Oct 20, 2011 2:30 am

Please consider this common scenario,

Someone is faced with CS, SS and debt. They lose a job in a down economy.

They have the following options:
1) Pay nothing, and tell the judge they have no money.
2) Attempt partial payments, and play catch up on repayment.
3) Request to lower amounts set for CS and SS.

In each case you may have the spouse's attorney and any creditors coming after you. You may have little money to fight using expensive legal resources. Your spouse is effectively living off your CS and SS and will attempt to go after you more thinking she can get water out of turnip.

Bankruptcy from my understanding does not cover removing CS and SS.

I agree, jails are crowed and highly unlikely, so what then? The judge orders you to rake some leaves on the freeway in an orange jump suit?

Some men are forced to live so below their means, the event of a job lose or wage reduction has a ripple effect. I am sure I am not the first to have considered what is the duration in jail.

If the system is going to scare you with jail and not carry it out, what is the real and most common penalty?
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Re: Jail time for alimony missed payments

Postby Thoughts? » Thu Oct 20, 2011 2:48 am

You show an active attempt to seek gainful employment. You pay a portion of what you owe based upon what money you do have. You file immediately, even if without counsel, for suspension or reduction of both obligations. If you do those things, it is very unlikely you would be held in willful contempt. The reason? You couldn't have done much more.
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Re: Jail time for alimony missed payments

Postby coscrewed » Tue Oct 25, 2011 10:34 am

BartSimpson wrote:You are being utterly ridiculous. They do not have debtors jail.

Have you seen the news? California is releasing hundreds of thousands from jail due to overcrowding - actual criminals, not broke fella's who can't pay their alimony.

Such doomsday thinking is a useless waste of energy - and it is not a form of preparing for the worst. You should consider a therapist to discuss your maladjustment to reality. You went from missing a couple of alimony payments to doing time in jail - a leap to infinity. Get a grip - get a therapist.


This may hold true in California, but in some other states they toss guys in jail for not paying alimony on a regular basis.

Remember, when this happens, you are not being tossed in jail for a debt (wink, wink), you are being tossed in jail for Contempt of Court, which is a crime. What has our society come to when we give judges the ability to jail people for debt by simply calling it something else?

The likely way it would go is that the court would order you to complete a sworn financial affidavit. If everything is true on the affidavit and nothing is hidden, if it shows you truly can't pay the alimony, they will lower the amount. Now, listen to this very important point: the most likely scenario is that they lower the amount you pay, NOT YOUR OBLIGATION. In other words, if you are currently paying $1000/mo and they lower it to $500 a month, the $500 not paid is not erased, it is put into arrears, and you are expected to pay off the arrears at some point. The judge may also order you to get a second job to clear the arrears. This is where the possible jail time comes in. If a judge looks at your situation and tells you to make an extra $100/week, and you don't get a job or show evidence that you have tried to find one, THEN you will be tossed in jail. For Contempt of Court, not for not having money, except of course the root cause is not having money. THEY DON'T CARE.

California my indeed be a different world, but men go to jail every day in Colorado and other states for Contempt of Court for not paying alimony.
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