Does my husband have to pay the total amount due in back child support to get out of jail?

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Does my husband have to pay the total amount due in back child support to get out of jail?

On Friday, a judge found my husband in contempt for not paying medical expenses for his son. My husband lost his job and has been searching for another and paying as much as he could. However, it was not enough. We took documentation showing what he has paid, such as canceled checks to prove the amount due but he was not given the chance to present. We had no attorney because we could not afford one. He finally has a new job and is on week 2 but can’t be there because he is in jail. Do I have to come up with the entirety to get him out? He may lost his job which keeps us from paying.

Asked on October 9, 2010 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to seek help from a free legal service in your area right away.  Possibly legal aid or try a local bar association.  Your husband should have sought a modification of his child support payments due to a change in circumstances and only an attorney in your area can see if it can be done retroactively at this point (probably not so he may be on the hook for those funds) but he can certainly apply going forward.  In the meantime, see if he can make bail, which would require a bond, which is a small amount (usually 10%) of the amount required.  That would at least get him out to go to work.  These are tough times and his failure to be heard is a terrible result on top of a difficult situation.  He tried to do his best and that was admirable.  Good luck.


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