Can I be in violation of my supervision or parole if I fail to pay spousal support?
Every person on parole and supervision is subjected to a set of general conditions, one of which is the prohibition of carrying out any illegal activities (see the PAROLE & PROBATION CHAPTER, beginning on PG. 125, for more information about the conditions that apply to your specific type of supervision).
Although not paying your spousal support is not a crime in and of itself, if a judge determines that you have the resources to pay, but are willfully refusing to do so, you might be found in contempt of court. This is a criminal charge that would amount to a parole violation.
Can I go to jail for not paying spousal support?
Someone cannot be put in jail just because they owe money. But the person who owes support is ignoring a court order to pay support, so he or she can be prosecuted for being in contempt of court and could go to jail for that reason. This enforcement tool is generally used as a last resort when all other efforts to collect support have failed. If you are being charged with contempt of court and could face criminal charges, you have the right to a lawyer. If you cannot afford a lawyer, ask the court to appoint one for you.[2599]
If you are able to show that you are not able to pay before the court, you will probably not be held in contempt (which can lead to jail time). However, this still may cause other problems. Although you may not go to jail for being in debt, your credit may affected if you do not pay the spousal support you have been ordered to pay.[2600] If your credit is affected because you have not paid spousal support, you may have difficulty in doing things that result in a credit check like renting an apartment or purchasing a car.
- 2599
Judicial Council of Cal., Spousal/Partner Support FAQs, http://www.courts.ca.gov/1253.htm ↑
- 2600
Cal. Fam. Code 4700 – 4701. ↑