How Long Can Someone Go to Jail for Not Paying Child Support

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Incarceration is a existent risk for parents who fail to pay child support. If you've establish yourself in this situation, use the tips below to acquire more than nearly what the courts typically consider, along with what to do while serving jail time for non-payment of child support.

For non-custodial parents who owe back kid back up, it's important to recognize the risks. While you lot may be able to get away with kid back up non-payment for a while, you can bet it volition eventually catch up with y'all. When it does, the court may make up one's mind to agree you in contempt. This usually means fines (on top of what you already owe).

In addition, the courtroom tin can choose to incarcerate you for non-payment of kid support. This means going to jail, and it's the most serious effect the courts use to enforce child support payments.

When the Court Rules for Incarceration

If a court finds a parent to exist behind on kid support payments, the estimate may take that parent arrested for non-payment. The flow of time for incarceration is generally considered:

• A minimum corporeality of time
• The corporeality of fourth dimension it takes to ensure the kid back up payments will exist paid in the futurity
• Usually not more than six months

Most courts volition only consider incarceration after attempting to collect the child support payments through other methods, such every bit garnishing the parent's wages. Courts more often than not accept the position that information technology is in the child's all-time interests to receive care and financial back up from both parents, which is why they do not frequently overlook repeat offenders when it comes to child support not-payment.

Factors of Consideration

Before incarcerating a parent for non-payment of child support, the courtroom will typically consider the post-obit factors:

• Any reasons given for non-payment; for instance, if a father is questioning paternity, the courtroom may decide non to concord a father in antipathy until a paternity exam has been completed
• The corporeality of kid support owed (in other words, the amount still outstanding, including fines and penalties)
• Whether the non-custodial parent is gainfully employed

During the Not-Custodial Parent's Incarceration

Parents who are incarcerated for non-payment of kid support should practise 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 have advantage of any available educational programs or classes
• Maintain contact with the kid through letters and phone calls
• Seek the assistance of child support enforcement officials in obtaining a child support modification, if needed

For more information virtually incarceration due to electric current or outstanding child support obligations, speak with a qualified attorney that handles child back up cases in your state or refer to your country's child support guidelines.

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Source: https://www.verywellfamily.com/incarceration-for-non-payment-of-child-support-2997983