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Asked 1/26/2011

What happens when a child support case goes into default?

My ex lives in Illinois and i live in SC. we had a court date back in october and he didnt show, but sent his job info and etc and i agreed with it, so they did a consent form. they calculated the child support and had me sign the paper and sent it to him and once he sent it back, our child support was to start in november. its now the end of january and we have recieved nothing, and after contacting child support enforcement, they have continued our trial to february and he has to be there or the case will be in default. what happens from there? will he still have to pay child support or will he be ordered to sign over his rights? what should i expect? they didnt really tell me, so im clueless until our court date, which will drive me nuts! help! .......

 
 
 
 
 
Answers

Answer 1/1 - Submitted 1/26/2011

In South Carolina, where I live, if he is not paying child support and a judge finds out, he can send him to jail or put a warrant out to find him. Will they go across state lines to get him? It's doubtful. But if he shows up in court and does not have the money for the child support, he's going to jail for six months or until someone pays the money for him. While he is in jail, it will continue to accumulate and when he gets out, he will have to work out a payment plan with the court.

They will not order him to sign over his rights. It doesn't work that way. Unless you have remarried and want your husband to adopt the child, their father will remain their father. Good luck and best wishes.

 
 
 
 
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