Hello, im new to the forum and i have a problem. I don't make a ton of money, recently divorced and im head over heals in debt, 90 percent of which i have to pay because of the divorce. anyway, im at 1063 in arrears, which is not accurate because of 2 payments not posted with the child support division, but the checks have cleared my bank and i obtained proof of that. i didn't have the proof in court on the 21st of Feb 2006, but the judge tells me that i need to bring proof of those two payments, and proof that im making current payments or i just need to bring my toothbrush because he was throwing me in jail. After court I spoke with my lawyer and he said that the judge is going to want it all paid by then, which my lawyer i think is tired of dealing with my case, we've been in court every month for a year, so i don't depend on his advice, you would just had to of heard some things he's told me... I can't come up with 1000 bucks by the 7th of march, and really im under 1000 in arrearages. i know over 1000 in ky is a felony, but if im making my payments, and im under 1000 dollars, what the court do. I've heard from many people, one of which is a criminal law student, that they can not put me in jail as long as im making an effort to pay. Please Help! i'm thinking of going to the child support office and setting up a garnishment of 47.02(my current weekly payment) and sending in an extra payment weekly of 50 dollars. Any quick help would be appreciated!!!!! Thanks!

Boy i understand how you feel, it stinks, but to show good faith I would do like you mentioned go in to CSO and have the weekly payment withheld from your check and they can also withhold the back payment out of your check too, that would show the judge that you do have every intentions of paying the back payment. Where I am from they automatically do income withhold from wages on all cs cases. But that does sound like a good plan to me.

And for future .... remember never to pay the mother personally go thru the courts or cso, if for some reason you need to always right on the check the child(ren) name and that it is a child support payment for the month of ????? And then take a copy of that check and keep it on file with you at all times.

Have you filed your taxes yet this year? They also can take the amount owed from your taxes. Here if any back payment is owed the take the taxes until it is paid off..... please beware too that they can put a hold so that you cannot renew your drivers lincense when it is time. I would think the courts will work with ya if you show them that you have tried and you will continue trying, I know they do put fathers in jail, I know one person that has been in and out but that is because he refuses to pay and wont try. but if you have been paying they will take that into consideration. But do talk to the CSO about withholding the weekly amount plus so much for the back payment. Or talk to them about getting your taxes for the back payment if you get money back. Do that on Monday. So it is all set and ready to go when you go to court.

Good luck!

p.s. fire your attorney and find one that will fight for you

Yea, it all is a big hassle. i've already recieved letters that my income taxes will be taken for back child support, and my plan was to be up in that office first thing monday morning. It does seem like to me that they wouldn't try to go ya away if you're making an effort, but the way this case has gone, you can never tell. she's totally got her way on everything, i'm even having to pay for a loan she got 8 months after we seperated to pay off all her and her boyfriends(he's the reason for seperation, she cheated) things. i didn't even know about this loan until i was told to pay it. But back to the story, every one is suggesting the same as you about firing my lawyer, but i can't afford another one, and our only free defender in this podunk town is representing the ex-wife!! I sure hope that i can pay this way and there is no jail time, which i just read that i could spend up to a year in jail for nonsupport, which under a 1000 dollars is a misdeameanor, but i have to not make a payment for 2 months which doesn't apply to me. Maybe they'll look at it as im trying to make my payment and will eventually get it paid off and won't throw me away somewhere like you said. I'm still on the hunt for some other answers for sure, I just want to be prepared for the worst the time court comes around. Sorry for rambling, And thanks for the help, and any further help!