French Gulch, CA asked in Adoption, Child Support, Criminal Law and Family Law for California

Q: My boyfriend received his first contempt hearing appointment to show cause for non-payment of child Support.

He owes back arrears since 2015 due to him losing his job. However, it is DCSS that filed the complaint since his child was recently adopted by the step-father with his consent (since he hasn't seen his child in years due to the child moving out of state and my boyfriend had no access for visitation). He consented to grant his child's wishes to be adopted. The mother never had financial support from the government and she never took him to court for times he didn't pay. Now that the child is adopted, it is DCSS that filed for this hearing. What are the chances my boyfriend will be jailed for this if he has proof of being unemployed with no money and that he's been actively looking for a job but with no success? He's really worried about going to jail since having a criminal record would hinder his chances even more of finding a job on top of him not having a GED. He's never been in trouble with the law before. Please help clear our minds a little.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Family Law Lawyer
  • New York, NY
  • Licensed in California

A: He should hire a lawyer to respond to the complaint and provide evidence of his financial limitations. Has child support been terminated since the adoption? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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