Can I go to jail for not paying child support?
Not paying child support can have very serious consequences. If a family court judge finds that you have the ability to pay support but are willfully not paying it, it can find you “in contempt of court.” Being “in contempt of court” means you are not following an order from a judge and it could be punished with jail time. This enforcement tool is generally used only when all others have failed since it has such serious consequences.[2587] 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.[2588]
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 child support you have been ordered to pay.[2589] If your credit is affected because you have not paid child support, you may have difficulty in doing things that result in a credit check like renting an apartment or purchasing a car.
FREE RESOURCES
For more information on child support payments and child support debt, check out the following resources:
- Paying a Child Support Order is a helpful website that explains what your child support order means, how wage assignments work, and what to do about overdue child support, by the Judicial Council of California—http://www.courts.ca.gov/1197.htmThe Basics of Child Support for Incarcerated Parents, by the Judicial Council of California –http://www.courts.ca.gov/documents/incarceratedguide.pdfChild Support Information for the Parent in Jail or Prison, by the Department of Child Support Services – www.childsup.ca.gov/portals/0/resources/docs/pub248_english.pdfOther resources from the Department of Child Support Services:Information for the Noncustodial Parent – www.childsup.ca.gov/portals/0/resources/docs/pub247_english.pdfChanging Your Child Support Amount – www.childsup.ca.gov/portals/0/resources/docs/pub252_english.pdfChild Support Handbook—http://www.childsup.ca.gov/portals/0/resources/docs/pub160_english.pdfCourt forms for child support are available on the California Courts’ website at http://www.courts.ca.gov/1199.htm
Whether you are still incarcerated or back in the community, you know how important your children and your family are for rebuilding your life, your relationships, and your sense of self.
- 2587
Judicial Council of Cal., “Paying a Child Support Order,” http://www.courts.ca.gov/1197.htm. ↑
- 2588
- 2589
Cal. Fam. Code 4700 – 4701. ↑