For non-custodial parents who owe back child support, it’s important to recognize the risks. While you may be able to get away with child support non-payment for a while, you can bet it will eventually catch up with you. When it does, the court may decide to hold you in contempt. This usually means fines (on top of what you already owe). In addition, the court can choose to incarcerate you for non-payment of child support. This means going to jail, and it’s the most serious consequence the courts use to enforce child support payments.
When the Court Rules for Incarceration
If a court finds a parent to be behind on child support payments, the judge may have that parent arrested for non-payment. The period of time for incarceration is generally considered:
A minimum amount of timeThe amount of time it takes to ensure the child support payments will be paid in the futureUsually not more than six months
Most courts will only consider incarceration after attempting to collect the child support payments through other methods, such as garnishing the parent’s wages. Courts generally take the position that it is in the child’s best interests to receive care and financial support from both parents, which is why they do not frequently overlook repeat offenders when it comes to child support non-payment.
Factors of Consideration
Before incarcerating a parent for non-payment of child support, the court will typically consider the following factors:
Any reasons given for non-payment; for instance, if a father is questioning paternity, the court may decide not to hold a father in contempt until a paternity test has been completedThe amount of child support owed (in other words, the amount still outstanding, including fines and penalties)Whether the non-custodial parent is gainfully employed
During the Non-Custodial Parent’s Incarceration
Parents who are incarcerated for non-payment of child support should do the following during their incarceration:
Attend parenting classes If not already established, work to build a healthy, ongoing relationship with the child’s custodial parent If paternity has not been established, child support enforcement agencies and/or prison officials can assist with obtaining a paternity test If the non-custodial parent is unemployed, try to obtain assistance from government agencies on release programs and/or take advantage of any available educational programs or classes Maintain contact with the child through letters and phone calls Seek the assistance of child support enforcement officials in obtaining a child support modification, if needed
For more information about incarceration due to current or outstanding child support obligations, speak with a qualified attorney that handles child support cases in your state or refer to your state’s child support guidelines.
