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

Dear Becki,

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.

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