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.

  1. 2599

    Judicial Council of Cal., Spousal/Partner Support FAQs, http://www.courts.ca.gov/1253.htm ↑

  2. 2600

    Cal. Fam. Code 4700 – 4701. ↑