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My significant order was divorced several years ago in Wisconsin. He had a child support order of 3000.00 per month which he paid faithfully until he lost his job last summer. The first of the year he found another job with comparable income and resumed paying the order. He is not caught up in arrears yet but is trying to get caught up. In the mean time he was charged with Failure to Pay Child Support Statue 948.22(2). The case was first heard in June where the judge suggested both parties try to work out an agreement and come back the end of August.

His ex's attorney is unwilling to agree to anything beyond paying the full amount due now which the money just does not exist to pay.

My question is this, with my SO continuing to make payments each month plus pay towards the arrears each month what are the chances that the judge will order him to spend any time in jail? It does not make logical sense as if he goes to jail he will lose his current job (which pays enough that he is able to pay 3000.00 per month) plus if he has a felony charge against him he will likely find it difficult to find another well paying job.

The case is coming up soon and I am getting worried that he will go to jail. His ex would still like to see him suffer and I am not sure she is fully thinking about the long term consequences that would occur if he goes to jail, only the short term satisfaction that she would receive.

Any thoughts?

first off 3,000 a month is alot for childsupport in Wisconsin. Second off, if he is paying CS plus some on arrearages than he has nothing to worry about.

Here is my story

My ex owes over $30,000, I have 2 children and at the beginning of this year the ex was ordered to spend 6 months in jail for failure to pay. Never in the first 19 years was he ever sent to jail. for the first 6 yrs 25% of $0=, than the judge ordered $25 a week for two children for 1 yr, than for 2 yrs the judge ordered $0 in lieu of him 'babysitting' while I worked 2nd shift (I switched jobs after 2weeks to first due to my ex not being able to 'babysit' past 6pm and I worked until 11pm, but it took 2yrs to get it modified) Court order is now $100 a week, but ex claims the only job in WI he can get is as golf caddie and that amount is ridiculus. Ex also has 2 other younger children from 2 other females that he pays $70 each a week to, so therefore the oldest two need to accept less. Ex has now petitioned the court for a modification of $50 weekly, so i shall see when court comes around. Did I mention that ex sees 1 child when he feels the need to (maybe 6 months between visits) the other child he has no regard for.

Mind you over the years there has been several contempt of courts, but none was ever followed through with. As long as your SO keeps making weekly payments and keeping CS informed of his situation, than there is nothing that CS can do.

Thanks for you reply. I have an ex husband as well and four children with that husband, so I certainly can feel your pain with a father who is less than fatherly. It is amazing that anyone could think that 100 a week would cover anything that it cost to raise two children.

3000.00 a month is a lot that my significant other is paying (I did not get that much with 4 children) and that figure does include arrears, interest and spousal support.

I am hopeful that my SO will not go to jail since he is paying now...but the courts frequently surprise me. His ex's attorney wants all that is due paid now and is apparently going to ask that he be put in jail if he does not pay that money now. I am just not sure if that is a possibility that the judge would agree. It does not make sense to put him in jail if he is trying to pay. As if he is in jail, then he can not pay anything.