Atlanta, GA asked in Divorce for Georgia

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.

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3 Lawyer Answers
Ellaretha Coleman
Ellaretha Coleman
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

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.

Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

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.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Yes, anytime you have a court order for something and you don’t abide by it there is a possibility that you can be jailed.

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