Incarceration For Child Support Purge
by Becki from Sarasota, Florida, Sarasota County
How and what steps should I take to have my purge lowered. I am now incarcerated for not paying the set purge.
I am unable to pay the amount set please I am in need of advice.
Answer to Florida Court Forms Question
My suggestion is that you file a Writ of Habeas Corpus
based on the fact that you are unable to pay the purge amount.
See the definition for Habeas Corpus on the Lectric Law Library
website. See Florida Statutes Chapter 79
, Habeas Corpus, for more information.
In theory the United States does not have debtor's prison and does not incarcerate people for failing to pay their debts.
When you failed to pay your child support the court found you to be in contempt of court, and that is the basis for your incarceration.
But, you cannot, in fact, be in contempt of court for failing to pay a debt, if you do not have the capacity to pay. Try to find a jailhouse lawyer inside, that will help you with the Writ and see if you can be released on the basis of your inability to pay the debt.Notice:
We provide these answers
to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.
If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.Free Family Lawyer Referral
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