Lynwood, CA asked in Child Support, DUI / DWI and Family Law for California

Q: My ex has 2 DUI from not long ago and i just filed for child support. He claims this will send him to jail, is this true

Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two recent DUIs going to court for child support would inevitably send him to jail. I would just like to know if this is true because he got the DUIs before I filled the child support.

3 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Unlikely that your filing a Family Law request for Child Support (current Child Support) will send him to jail. If he were in contempt of Court Orders for Child support and this became a DA matter, possibly.

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Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

anything could happen but I doubt what you suggest would send him to jail.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: I don't think he can go to jail if a family court orders child support. If he violates that order he could have additional problems, including loss of driving privilege. But, he can get the order modified if his income changes so it's really up to him to keep on top of the child support order.

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