Expert: Melanie Nathan - 7/31/2009

Question
Florida

I have court in a couple weeks for contempt of court for not paying support.. I was paying when I was working a part job.. I became pregnant and my Ob dr put me on strict bed rest due to pregnancy complications.. I have my son 4 weeks early and he was in the NICU for 3 weeks.. When he came home he was a on a heart monitor called an apnea machine.. He was on that for 5 months.. While he was on this machine i did not feel comfortable to put him into a daycare due to him having apnea spells ( for those who dont know what that is.. he stops breathing when he sleeps.) He had these spells alot.. He was hospitalized many times for the same thing.. When he was taken off the apnea monitor he was put on a nebulizer for his allergies.. The father of my daughter is trying to put me in jail for not paying support.. i have proof of all the things listed above.. Do you think I would still go to jail even with the proof? And for how long.. I am a single mother to my oldest being 12 yrs and my son who is 9 months.. Their father is not in their lives so I have no one who can keep them if I was put in jail.. If anyone has any insight of this situation please let me know.. I really can not go to jail because I am scared my kids will be put in foster care.

Answer
If there is any way you can get a lawyer to help you that will be best.

The story is compelling and it is difficult to imagine being put in prison away from your kids, because why would the Courts deprive small children of their parent - makes no sense - unless there is a legally mandatory sentence.

However if you prepare your case well and take into Court back up proof of all what you are saying - such as baby medical records, dates etc, then you could get off.  The Court will want to know why you did not apply to Court for a modification of support when you were unable to work, because you probably would have succeeded.  You should prepare to say why you did not - I imagine that you were so overwhelmed with the health issues and fears that you you could not deal with the legal aspects at all -. Be apologetic and remorseful and explain you were in a terrible situation that you could not control.

Is it possible for you to call the prosecutor and make a deal to pay off what you owe, to ask Support Services for a modification based on the heath issues of your baby - Usually the first child comes first, so its important to show you want to do your best to pay of what you owe.  But you should try and get off further support with a modification.  

Its difficult to really provide help in this kind of situation because there is no substitute for getting all the facts as well as a local attorney who has familiarity with the nuances of the County Courts and what they tend to do.

Try and get legal aid if you have no income - to help you get through this.

good luck