Ask a Lawyer - Archive

I have a child who is 18 and his mother just served me with papers for the arrears payment ($33,995). I do own a home and want to take out a home equity loan to pay the arrears in full.

No judge I know enjoys putting people in jail, so your task is to give the judge an alternative. Make as sizable a payment as you can now, right away. Max out your credit card if you need to, and pay, say, $4,000.

At the same time, make it clear to Mom and to the court that you have already begun the process of borrowing the money on your home equity line to pay the full arrearage and that you expect to be able to pay it in full by [some date certain]. If I were the judge, that would sure give me good reason to decline to put you in jail.