Q: My court doc says I will be jailed for lack of payment of a student loan from my divorce decree. Can I be jailed 4 that?
It states that I must pay the full purge amount or I'll be incarcerated.
A: Yes, you can be jailed for failure to meet your financial obligations pursuant to your divorce decree. If you are not financially able to meet these obligations, you should consult with an attorney to discuss your options.
A: Yes, but not in the way you might think. You would not be going to jail because of failing to pay educational loans. Instead, you would be "put in jail" because of your failure to abide by THE COURT'S ORDER. In other words, by not paying what you were court ordered to pay, you in essence thumbed your nose at the judge. Judges have the ability to enforce their court Orders. When you don't pay what you were told to pay by the judge can "find you in contempt of court" and have you put into the local jail. Judges will sometimes allow a person to "purge" their contempt by making payment of some or all the amount the person was ordered to pay. Bottom line? Pay the money as quick as you can.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.