Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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Just wondering how many think that the courts would send a NCP to jail for nonpayment (let's use the $6k that JL's ex is behind) if the same NCP has another child- child #1 born FIRST- that he is NOT in arrears with.
Now I know JL said she thinks he is like $600 behind with childcare costs for child #1 and doesn't actually pay CS. According to that letter sent by her ex's friend he pays $200 plus a month for her XDSD...
Even given THAT situation do we really think a judge will send that NCP to jail so that he falls behind now not just with child #2, but with child #1????
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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I thought this would be an interesting posting to those of the MANY CP's on here that think Child #1 should always be supported FIRST and FOREMOST before child #2.
In this scenario, if the NCP goes to jail he will no longer be supporting child #1- is THAT fair to child #1?
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matart1
Carpal \'Tunnel
Reged: 09/01/05
Posts: 2798
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I would not put anything past a judge - the legal system can be so jacked half the time whether it is for the right or the wrong reasons...
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Life is a long lesson in humility.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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<<Now I know JL said she thinks he is like $600 behind with childcare costs for child #1 and doesn't actually pay CS. According to that letter sent by her ex's friend he pays $200 plus a month for her XDSD...>>
That's b/c that's close to what he SHOULD be paying for half of her daycare costs.
Honestly? I'm not sure it would make a difference. CSE attorney knows that he is also behind on supporting his daughter, she knows the situation and still told me jailtime is a very real possibility.
I'm sure we could go back and forth for days on this issue, but the fact of the matter is what we think *would* happen doesn't matter, the laws are so different in every state and even county, KWIM?
Regarding whether or not I THINK someone should go to jail when they have another child to support (but not supporting that child either)? I suppose I have a different outlook on the issue b/c this is my situation. If I didn't have such a good relationship with his daughter's mother, and if I didn't know what I know about the lack of responsibility and relationship he also has with his daughter, I may have felt differently.
I can't say whether or not it's right or wrong - I don't think there's one blanket answer for all situations.
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9400
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I don't know that he'll go to jail. In the county where Jenn's order is, there's the probability. It all depends on whether or not the Judge thinks he's made a good faith effort in following the order of the Courts. It's a crapshoot.
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cincsu
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
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i got that yesterday from a poster that my daughter should come second to my SS because SS was born before my daughter (irrespective of the fact that he is not my biological son, and i do contribute greatly to his financial things).
well, what do the same people believe should happen in an in-tact family? child #1 should be fully supported through college, etc. and just whatever is left should go to child #2 because they came second?
i don't get the logic that child #1 should get more just because they came first....all children have the same basic needs and monies should be distributed evenly.
in this case with JL if he isn't paying CS to child #1 then the judge doesn't really need to consider it. i wonder how people like katies first love get away with 100s of 1000s of $s behind and people like JLs first love don't.
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wife of 1, mother of 2, stepmother of .3475902453
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MaritimeGuy
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Reged: 04/15/08
Posts: 532
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Although I have no first hand experience I would hope the judge's number one priority is see that the support is paid for the benefit of the child. He will only select prison as an option if he see's that there is absolutely no chance the man will make any effort whatsoever to pay.
That's why deadbeats can string this stuff out so long. They just need to convince the judge that this time they mean it...they're going to start making an effort. And to be fair I think they do mean it at that moment. It's just along the way they tend to get distracted by shiny objects and fall down on their commitments.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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I wonder what the courts would do in a situation where he was supporting child #1- and it was a county like yours where jail time is likely....
Just seems like we have had all these talks about a NCP wanting a break on CS for child #1 when he has more children. The consensus is that child #1 is first and should be supported first and appropriately. So would throwing that kind of NCP in jail for nonpayment of child #2 be appropriate IF he is supporting child #1.
This would be a good one for PM's ex. NCP is supporting child #1 BOTH financially and emotionally. If he was in arrears for child #2, should he be thrown in jail so that he is no longer supporting EITHER children? Should child #1 suffer because NCP is in arrears with child #2???
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PrincessJ
Carpal \'Tunnel
Reged: 06/25/07
Posts: 7176
Loc: 39.10 degrees North 94.58 degr...
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The logic seems simple to me: If you can't support child #1, don't have a child #2.
In our state, step parents income isn't typically figured into CS. How is your income figured in? Is it different in your state?
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I hope life isn't a big joke, because I don't get it.
--Jack Handey
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Cassie, honestly I'm not sure. Like I said, I don't think there's one answer for everyone's situation.
On one hand, the person should be held responsible. On the other hand, if he were supporting child #1 and very involved in that child's life, how sad it would be to have him thrown in jail and be taken away from that child. But then again...he'd be skipping out of responsibility and accountability for child #2...maybe we should just start castrating men after having one child. ;)
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