PLATTSMOUTH – A former Cass County resident will spend additional time in jail for failing to pay more than $18,000 in local child support.
Ruben Montoya Jr., 35, appeared in Cass County District Court Monday morning for a sentencing hearing. He admitted last year that he had violated probation by not paying child support. He owed $18,380.63 in unpaid child support as of December 2017.
Montoya, who has recently lived in both Omaha and Des Moines, first appeared in district court in June 2011 for a child support hearing. He was ordered to make payments of $215 per month until 2026. That amount increased to $265 per month as part of a 2017 probation sentence.
Deputy County Attorney Richard Fedde said Monday that additional jail time was appropriate because Montoya had not made any progress with child support. He failed to make payments after the 2017 court hearing and was arrested last year. He has spent nearly six months in Cass County Jail.
“I think we’re past the probation period here,” Fedde said. “I’d ask for one year in prison with credit given for 164 days he has already served.”
Judge Michael Smith agreed with Fedde that probation was no longer appropriate. He ordered Montoya to serve a term of 330 days in Cass County Jail.