Can Unpaid Child Support Lead To Jail Time?
For any divorce with children, there must be
child support agreements made to make sure there are court orders to ensure the
best financial support for the children. Children need to move on with life
after divorce. However, this is not always the case. Some parents fail to pay child support either
because they lose their jobs, get sick, or even die. The problem arises when a
parent is unable to abide by the child support orders without realistic
reasons. When this happens, one may have their wages withheld, have seized bank
deposits, or even have their driver's licenses suspended. Worse enough is being
imposed a jail term. For failure to pay child support, a parent can find
themselves in contempt of court, which is requested by the other parent due to
failure to pay child support. When such takes place, the court orders a hearing
to explain why the parent has failed to support. While every parent should
support every child they make to the best of their ability, jails should be
only for those who have the money but ignore court orders.
How Can I Avoid Jail Time For Child
Support Failure
Unpaid child support is a big concern that should
force one to know about San Diego child support services. Once you have been
summoned for a court hearing, you may be put to jail for violating the court
order to pay child support. However, there are situations where the judge or
jury may be convinced that indeed child support payments are not possible and
look out for other ways to ensure the child's best interests are protected. No
judge will allow you to go scot-free without having reasonable evidence. You
must explain why you lagged behind the payments through:
·
Convincing
the judge that you remained responsible even if you failed to offer support:
For instance, if you lost a job, you must show you tried looking for another
job. You can even provide the application or any letter you received from your
prospective employer.
·
Give
reasons why you never requested for a modification hearing once you learned that
you could not afford to pay child support: For instance,
you may have been involved in a car accident or became sick to the point that
you remained hospitalized for a definite amount of time. In such a case, be
ready to produce medical records statements and give details of the doctor who
was treating you.
·
You
we're ready to request a modification hearing but failed to get legal
representation due to the lawyer’s fees: To prove this, you should
have details of the lawyer you contacted. And also provide any relevant
information related to initial consultations.
If you experience financial hardship that
requires you to stop paying child support payments, you should seek formal
child support modification from the court. Nevertheless, you may need to prove
to the court that you can still provide some basic needs such as food or
clothing. In such away, you can avoid jail time for unpaid child support.
Having partial payments is better than total default.
What If I Fail To Attend To A Court
Hearing
Remember that if you fail to attend a contempt
of court, a warrant of arrest will be ordered, which later will result in a
jail term. If you are not put in jail, you may be required to pay any arrears and
then set up a schedule on how you will pay consequent support payments. All in
all, the judge knows that someone in jail cannot make child support payments.
They will lookout for ways to ensure they recoup back any unpaid support in
other means such as posting bonds, wage garnishment, or through an income
withholding order. However, if you have a child support case, the best way to
ensure you don’t land in jail is to seek legal support from an experienced
family lawyer. It’s worth noting that you cannot present a dispute with the
other parent as an excuse for not paying support.
Speak To An Experienced Family Lawyer
Child support
issues affect many. While no judge would prefer a parent to go to jail for
failure to offer child support, going to jail is considered a useful persuasive
method to the reluctant parents who simply ignore court orders. As such, it’s
fraught with negative consequences. If you find yourself being unable to pay
for child support, you should make a point of contacting the child support
enforcement office. Working with an experienced family lawyer can help you
prepare the right documents stating what has changed. You can also give
information on how you are planning to pay your arrears. If your arguments are
deemed legitimate, you will be guided on ensuring you pay child support
concerning your current circumstances.
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