Can You Go to Jail if You Do Not Pay Child Support?

Judges issue many orders during a divorce case including those regarding property division, alimony, child support, and more. These orders are final and legally binding. Failing to comply with them can result in serious penalties.

If a judge has ordered you to pay child support, you are legally obligated to pay it in full and on time. If you fail to do this, there are a number of penalties you may face. In some instances, this can include jail time. Below, our Orlando modifications lawyer explains further.

What Happens if You Do Not Pay Child Support?

In Florida, the majority of people pay child support through a wage garnishment. This can make paying child support easier because the payments are deducted off of their paycheck before they even receive it. This also helps you avoid the consequences of failing to pay child support.

It is true that a person may face jail time if they do not pay child support. This is typically not the first penalty incurred, though, as there are other consequences, as well. These include:

• Driver’s license suspension
• Seizure of tax funds, lottery winnings, and other funds owed to you by the state
• Liens on your vehicle, home, or other types of property
• Lower credit score if the overdue payments are reported to the credit bureaus

You may also be found in contempt of court if you fail to pay child support and this can result in jail time. A judge will likely only find you in contempt if you can afford to pay child support but refuse to do so. The maximum jail sentence for contempt of court is one year.

How to Obtain a Child Support Modification

Just because you cannot afford to pay child support does not necessarily mean you will face the above penalties. Instead, you may be able to obtain a modification from the court to reduce the child support obligation. When asking the court for a child support modification, you must prove these three elements of your case:

• There has been a substantial change: You must prove there has been a substantial change, such as job loss or sudden illness, since the order was first issued.
• The change is permanent: You must also prove that the change will be permanent. This means that the change will be in effect for at least one year. Short-term or temporary changes are not enough to establish a change of circumstances.
• The change is involuntary: You must also show that the change is involuntary. For example, if you quit your job to avoid child support payments, that is not a reason for a modification.

Our Modifications Lawyer in Orlando Can Prove Your Case

At Anderson & Ferrin, P.A., our Orlando modifications lawyer can prove the need for a change so you avoid the harsh penalties associated with failing to pay child support. Call us now 407-412-7041 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

flsenate.gov/laws/statutes/2012/61.30