One blog post which seems to be causing a lot of controversy going to jail if you don’t pay on a debt. One of our commentors said you could definitely do time for defaulting on child support, so we thought we’d investigate a little further on this topic.
A brief Google search yielded many hits on this topic:
- A Cleveland Man will spend 2 years in prison for not paying child support.
- Apparently, a warrant can be issued for your arrest for failure to pay child support. If you are pulled over for a traffic ticket, they can haul you off to jail because of this warrant.
- If you are more than $2500 in arrears on your child support payments, you cannot get a US Passport.
- A man in Cleveland, OH had to spend 30 days in jail for not paying $56K in child support.
- Iowa has a state-run program to help parents who are not making their child support payments avoid jail time.
So what is going on here? Why are non-paying parents going to jail over child support payments? You can think of child support as a court order. Anytime you refuse a court order, you are in contempt. Failing to pay child support is criminal contempt of court, and always involves jail or a fine or both. Though all states have different regulations, most do prescribe jail time for non-payment.
What if the Non-Paying Parent Can’t Get a Job?
On February 2, 1998, the California Supreme Court published the Moss opinion (Moss vs. Superior Court. 17 Cal. 4th 396 ). Prior to January 1998, many judges and commissioners were divided as to the remedies available to them when faced with a criminal contempt for non-payment for support (P.C. 270) when someone raised the issues of inability to find work.
Prior to the Moss decision, non-payment meant automatic jail time. The Moss decision made allowances for parents who were not paying only because they were out of work and could not afford their child support payments. However, if the parent was not paying because they refused to work, jail time must be served. Remember, the Moss decision only applies to California child support payments.
So what experience do you have? Have you been unable to make child support payments or had an ex-spouse who did not make their payments? Tell us about it by leaving a comment!
No related posts.
Spoken by a true non-compliant parent that can’t handle the legal system because it didn’t fall into your plans for taking accountability of your child. CPS is child protective services which is an entire different system.
Here’s another book that Border’s offers.
Girl, Get That Child Support: The Baby Mama’s Guide to Tracking Down a Deadbeat, Finding His Cash and Making Him Pay Every Dollar He Owes You
I have an 18 year old son that I share joint custody of with my mother. She decided to go get public assistance for him although she has no need for it. I am now court ordered to pay $400/month. I petitioned to get my custody back b/c he only moved to her county b/c the school there had a better resource program for his disabilities and he is no longer in school as she pulled him out and he got his GED. They denied my petition for modification b/c he is legally an adult but I am financially responsible for him until the age of 21. The agency never called to see if he could return home to me, I have written letters and called everyone, the support judge, the caseworkers, etc. How does this make any sense?? I bring home less than $2000/month and have 2 other children in my home. I’m enraged over this. I can provide for him, but $4oo/mth which goes directly to my mother is absurd.
My ex currently owes my children $37,000.00 in back child support. He has already been incarcerated for 30 days for non payment, done three years probation, and now he has not made a payment in over 7 months. These current child support laws need to be made more strict and punish the non custodial parent by jail time, suspending of driver’s licenses and business licenses. These current laws are way too lenient and allow the NCP to go months and sometimes years without making a payment. It is not fair to force the custodial parent to work alot of hours, with a full time job and part time job in order to support the children, and not being able to spend anytime with the children, because they give the NCP so much time before taking any legal action. Furthermore, in order to have anything done on the child support case, they make the custodial parent do the legwork to find the NCP, because their hands are tied by the current laws to locate the NCP. It is BS to have to read these comments about NCP not being able to pay their child support because they cannot find work, but at the same time, they are able to come up with the funds to pay their rent, buy their food, pay for the gas for their vehicles, and get their utilities paid. Stop whining. If you do not want to pay child support, or pay the legal consequences when you choose not to, wear a condom, or get ‘em snipped. If you do not, grow a set of balls and be a man and support your children. They are the only ones that you are punishing when you do not pay. MAN UP PEOPLE!!!!!!!!!
Most of the child support laws are enforced on the male parent. In my case my wife was running around with every Tom, Dick, And Harry she could see. Never satisfied.. so it was time to walk. Got divorced and remarried to a wonderful woman.. wanted to take my kids with me. but of course the courts and their narrow ways wouldn’t let me. they just let the kids stay with a crack head mom.. When child support was sent on a regular basis every three months the money would come back because she was constantly evicted. Now I had moved to another state and continued sending money but every three to four months the same dam thing.. not to mention I had to wait until she contacted me before I could resume sending money. Now at this time she would not let me see the kids, telling me that she would move or have some one hurt me if I came to see them. she would not send them.. well she moved and never contacted me for about 2 yrs.. she found a man..I could not contact here and the internet was not available like now. Anyway I’m paying child support and all the kids are over 21 one and she lied to the courts and the kids saying I was the bad parent.. I’ve been married over 21 yrs. to the same woman. she has had over 25 men since then. she is very envious of my relationship and is doing everything to get back at me.. I told I would pay if she would never call my number again.. she turned my kids against me and really I don’t know if they are all mine.. so how do you like that. good guy gets screwed because I wanted to make my family work..
Can You Go to Jail For Not Paying Sposal Support?
Replying to several comments made by “loving Mother”….I’m a father of 2 and I have one on the way, I also pay or are supposed to be paying child support to my ex-wife, whom of which hasn’t let me see my so called son for over 8 years and counting, I just lost my job a month ago and was only 3 payments behind before the bitch complained to the courts bout not receiving her precious child support….mind you I have been good paying for over 3 years, got my shit together and was all paid up in my arrears….so there is some daddy’s out there that do have balls and “man up” …what about you bitches out there that want nothing better then to see the man go to jail, little do you know at this point in the story she was the one doing wrong in the relationship…yeah, wow, it happens, women do cheat!, holy moly…so before you go putting a generalization out there about all men, try to be more specific about your “dead beat ex-man” and leave the “all men, grow balls, man up”…leave it and apply it to the one that did you wrong cause believe it or not there are daddy’s out there that do care and try to do what is right….
Now back to my problem, why should someone like me go to jail for not “being able” to pay let alone survive his family he currently has under his belt….no caring by the system is being portrayed here mind you!, where is my justice? where is my sympathy? where are the people, the “people that have the power,” where are they for guys and in some cases women like me?…They don’t exist as far as I’m concerned, instead of helping me get unemployment lets throw the bastard in jail, I lose my current family of kids and my freaking house all the while sitting in jail for something so stupid wondering if some dudes gonna try to make me his bitch every night and on top of that worrying what the Hell my family and kids are up to, are they safe, etc….Come on, really where’s the heart for someone like me? where?
Trust me I’m on craigslist everyday, put over 100 applications in and printed them out not that it’ll matter to the courts, gotten nothing this economy is so screwed I’m so afraid for my child inside my wife, this world is F’d up to the max…..I just don’t understand. Where is my justice, you know what I have to say to the mommies out there like my ex rather then speaking in general like most women do! and I quote! ” GET A F’ING JOB, AND YOU WONT NEED MY F’ING CHILD SUPPORT!!!”….get on welfare like everyone else…Hell your entitled to that to believe it or not, so my taxes support your ass’s too….It’s never enough, when will it be….And to the “system” I guess they call it…go get that rapist down the block, grab that killer that just got outta jail on good behavior, go put that arsonist out that just burnt my neighbors trailer down, but for god sakes….leave me alone because I’m trying to do the right thing in this f’d up country, no thanks to “the system.”
Just to add to my posting and I’ll probably post more as they come to mind, I’m just so frustrated, this is unreal, not only do I have to worry about how I’m gonna survive and pay my rent, I have child support that’s adding up every week. I only have a little over 400 bucks to pay every month which come on?…my 2 kids I actually get to see don’t see 100 bucks let alone 400 bucks a month. Of course I get them what they need, clothes, toys, food..etc…jeeze if I had that much money as a kid I would have never been picked on in school, I would of had the best of everything, what would I have been bullied for? lol….really, I understand that my ex has to have her liquor and weed….well wait, yeah I guess she does need 100 a week then, 90 for the drugs and shit and 10 for the kid, my bad!!…..
I agree on the one posting here not sure which one, that the laws are focused mainly on the payor not the payee. There should be some sort of guide line that the girl should have to go by and meet every time she swipes that card, oh and I don’t know how they do it in other states but mine is out of Lancaster, Pa..yeah, its in the form of a credit card, all she has to do is go to a mac machine and swipe for her dope, no more checks. So when she leaves the kid with her parents whom are deaf mind you, and goes to Florida, she has access no manner where she is. So no more luck of getting the case discontinued because she was late getting her money, darn, just when you think you have a chance, nope they actually sit around the round table and think this shit up.
Let’s not worry how to get our troops out of the war, a cure for cancer or aids, no “how can we make life harder for people that pay child support”…”wait I got it. Lets add jail time, take there license so they cant get to a job if they get one, now because your a convicted felon.” Now most jobs are leaning toward direct deposit, lets freeze there account until all is paid. So here we go your back in jail cause your homeless cause what you work for goes directly to domestics, you cant eat, sleep shit,talk, nothing cause its also illegal to be homeless…ain’t that some shit!!!!God I might as well go rob a bank and go to jail for something worth wild. Not to mention who’s to say when I do go to jail I don’t get into a fight and I’m in there longer for disorderly conduct. You’re as good as nothing at the point when the judge sends you for non payment, how the hell are you to get your life back together. Not everyone has rich relatives, some don’t have no one, and even if you do who’s to say they can help or even want to? Somethings gotta give there’s more to life then child support, get a life. Just because we moved on and are happy now. I wanna let you with this funny short story about a court appearance I had some years ago cause I almost went to jail for this.
I had just gotten a job 2 weeks prior to my court date, thank god, and I had a domestics hearing prior to my court date as well, this is where they let you know basically whats gonna happen if you don’t get your shit together before you go to court. I took 500 bucks with me that day, didn’t really have it, I sold something precious to me like I am doing now, anyway, I gave that to the officer after the meeting. After that belittling experience I had my court date. Unbelievably my ex shows up this time, every other time she had her douche bag lawyer come to represent her like she was a famous person or some shit and couldn’t make it, anyway, she brought her big tough grandma with like that scared me. The only thing that scared me was the cranky woman behind that podium, yeah a woman judge, go figure, as if the odds aren’t already against my ass.
Anyway, before we walked in I heard her grams say “don’t you worry we’ll get are money and more if we can.” I lost it inside, I was like these 2 are like freaking crazy. Now you all know that when you get the statement in the mail it tells you the proper attire before hand so you don’t go in there looking like you just got off the football bus. She in some kind of halter top, shorts, and some ratty ass sneakers. Talk about trying to make it look good like your so poor cause you don’t have my hundred bucks a week coming at you. Anyway, meanwhile I look like I’m gonna walk down the isle in a wedding, she looking like uncle Ned’s back woods niece, lol.
Keep in mind the 3 dudes that were in before me never came out of the court room if you know what I mean, scary huh? So to make a long story short the judge said that as long as I keep this job and are doing what I’m supposed to and since I had that 500 bucks upfront that I am making some sort of effort. She put my case on a 60 review and that was that. I guess because of how rude and the way she was dressed the judge didn’t want to hear a word form her. She in there saying this and that, one that pissed me off was this “I don’t understand why he can find a job all of the sudden as soon as his court date comes up, now he finds a job.” I wanted to jump over and ring her stupid neck!, bitch shut up! And the judge actually let me answer that stupid question. I said “Mind you I have been seeking employment ever since I lost my last job thank you and I don’t feel that was relevant question to as why we are here today,”…I thought that was the best smart ass comment I could of made with out cursing her stupid ass out.
Needless to say when we left the court house she was nowhere to be seen. I haven’t seen or heard from her or my so called son which til this day haven’t got a DNA test done for over 8 years. Some say there’s ways to fight it, there is but why, I don’t know him he don’t know me, there’s millions of kid out there just like him, its all about the money anyway. No one will ever change my view on the child support system, they get there kicks off of ruining lives and making it worse for people like me that are trying to do the right thing. I was told I screwed myself by signing that paternity paper anyway, my lawyer never informed me that it was for life so I signed it out of sympathy for her, what a joke that was, so they thought of a way to add to the man getting the shit end of the stick. Aw well 10 more years, whats that? I did it for 8 so far…I’ll be 44 when I’m done with paying for her drug addiction. Maybe in my next life I’ll be a woman so I can understand why F’ing a dude over is so much fun.
Lastly, women out there, you always blame us for oh so much and we did this and that…what ever happened to the old saying “it takes two to tango.” It was your fault to. Try to remember the blame game is just an excuse for your ignorance.
These are the type of people that piss me off, read on fellow NCP’s…”It is BS to have to read these comments about NCP not being able to pay their child support because they cannot find work, but at the same time, they are able to come up with the funds to pay their rent, buy their food, pay for the gas for their vehicles, and get their utilities paid. Stop whining. If you do not want to pay child support, or pay the legal consequences when you choose not to, wear a condom, or get ‘em snipped. If you do not, grow a set of balls and be a man and support your children. They are the only ones that you are punishing when you do not pay. MAN UP PEOPLE!!!!!!!!!
Man up? Quit wining? Why can I find money for other things? pssssh!! F you lady, seems your the only one wining! Why dont you get your shit cut out, then you could bang any tom, dick, or harry out there right? You probably deserve what your getting, nothing! I’m so tired of it, women like you go out of your way to screw your ex up as much as possible, what do you still love him? miss what he could do to you in bed? yeah you know! get a life, get a job, you dont need the money anyway, you quit wining, I hate rain anyway, and I certainly hate staying inside because of the storm. You know what I did when my ex cheated on me, its real simple, I went out with my buddies got a hooker and banged the shit out of her then you know what? I left and felt better then any of the miserable 5 lousy years I was with that bitch! You know what happened the next day? I woke up when I wanted to, I went where I wanted to go, and saw who I wanted to see. It was great and dont think for one moment your freaking threats of child support matter to me cause I could care less. Send me to jail, you wont get shit, keep sending me you still wont get shit, but I will. I still eat, sleep, and talk to whom I want. After a while they dont bother. Its not like you killed someone, you dont get life for non-payment, they cant make you do it. Bottom line I moved on with my life, you do the same, what are you getting out of it, always bitchin’…Lmao! I win at the end, I win.
Umm.. Do you know what it’s like to be in jail? Exactly, you don’t – so don’t say laws are too lenient when you have no idea what it’s even like to be behind bars. If I had a greedy ass ungrateful babymother like you I wouldn’t pay shit either. Your probably one of them type of dumb bitches that would go spend the child support on yourself anyway – dumb bitch
I wish there was like an instant messenger thing for this blog, lmao…I’m glad there’s people out there that feel the same about the child support. Listen I know I’m what “loving bitch” says I’m a non-compliant father, yeah , what ev…anyway…if u dont have an income and cant get a freaking job how are u to pay ur support, then they wanna send you a paper in the mail for a freaking reduction, let me tell u I went from working for a 13 dollar an hour job to 10 bucks an hour before I had my shit together, went back for a reduction, you know what they wanted to reduce it only 17 bucks. So instead of my 109 what ev a week is was only 17 bucks less!…I sat there for a minute looking at the paper, wondering if they even looked at my damn expense paper I filled out and took me a day to figure out and shit!…these idiots!….my lawyer said to me, “its not worth it really for all that paper work to you for 17 dollars is it?”…i looked at him I said not to you but you didnt drive 3 hours down here today either did you?and to find out the bitch sent her freaking lawyer that she dont pay for to represent her absent ass! I said sure looks good to me do it..LMAO!…that officer or what ev they are looked at me like all dumb and shit like I was retatarded, they changed it, but it didnt matter cause they had me paying like 20 bucks more a week to supposedly get my arrears paid up, what a joke, no thats there pizza party ev week for the other employees. I tell you what why don’t all us NCP’s or what ev they label us as, why dont we get our ex’s in contempt for not letting us see are freaking kid(s)…Its like leasing a vehicle and someone else gets to drive it!…Yeah I agree with the latest post, you bitches go to jail! atleast you have an extra hole that things are supposed to go into, besides it would be more child support for ya!LMAO!
Guess I get to see what’s gonna happen with me to on the 14th. I still havent found a job. I live near one of the biggest city’s in Pennsylvania, Harrisburg?…and there aint shit out there. My job history kinda sucks cause of my divorce and I did alot of moving around because of my mother moving outa state and my father passed away when I was 19, so I had to grow up fast. between 19 and 22 I had alot of jobs, and unfortunately employers look at that shit for some reason, im 34 now and I cant say I didnt change, I did, I’m more responsible of course then back then, 10 years is a long time to think about if you want to succeed or not, I did, I want to but now I feel its too late, this economy is so fucked, been looking for a job for 2 months, my child support is like 1500 and I know even though I may get a job before my court date which wont be long after my 14th thing, it wont matter if I have a job, the judge will see it as they see other’s, Im in contempt of my support order…yeah well my family is suffering to do they give a shit about that to? My rent is due, my bills are piling up, and oh, if you are not able to pay car insurance, they take that and you cant drive a car cause Pendot wants your plates. Luckly I haven’t gotten that deep yet. My father in-law paid my rent for this month, thank god, he’s in the midst of losing his job to, what a bunch of shit this country, lets send food and shelter over seas, let them blow us up then we have to rebuild our country and then we go help them rebuild there’s, and oh wait, cant forget about that dude over there he ain’t paying his child support, put him in jail!..Hurry!…idiots I swear. Just thought I’d vent a little more before I hit the sack for the night, and no I didn’t look for a job today, or yesterday, screw it…whats the use!
@Loving bitch Mother…They gave me an extension today for my child support cause im still unemployed!…probably cause Im trying and I showed proof…anyway, it made my day, maybe it’ll open ur eyes to the fact that there are dudes out there that are tryin and even though they aren’t in your life anymore atleast they are trying to fulfill there so-called obligation you “child support getter’s” call it. “obligations”….let me tell you what my obligation is now. Finding a job and surviving with my family, child support comes second in my book, and yes important it may be, to stay outa prison, but other wise, um not so much. Get a job and stay out of your ex’s life, after all we are called ex’s for a reason, meaning, we no longer give a shit about your un- faithful ass’s…bye!
Condoms? I know I’m a genius.
This child support law is BS! I’m a woman I don’t any kids yet, I would love to someday. Why this child support law pertain mostly to men, I mean come on people something is not right here… when two adults have sex and have kids, it’s not only the men that should be responssible for that matter, women should be held accountable too, because if a woman was not rape, she got pregnant by her partner, she should be paying child support too, because she chose to open her legs to a man, and get pregnant to have babies, anyone women who chooses to have kids by a man, paying child support should be her problem to because noone forced her to have sex….. this why I chooce not to have kids untill I’m married, there are a lot of dumb bitches out there who jst want to get pregnant for fun even though they don’t have a job, and education, etc… but the government is using my tax dollar to pay those underachieved women so they can sit on welfare and have more kids. when is this madness is going to end? in my oponion both parties should pay child support point BLANK!
Here’s a prime example of someone that doesn’t have kids or hadn’t gotten screwed by his partner yet. Yeah condoms work for people that don’t want to have kids because they know the relationship ain’t goin nowhere beyond sex. In cases like people have on here they had a relationship that they thought was going to work out so naturally having kids might have been the next step. But you’ll never know what it feels like cause you just wanted to get your jollies commenting on something you don’t know the facts about.
You don’t go to jail for “noy paying child support.” you go to jail because you don’t APPEAR in court when you are required to. Contrary to popular belief, a custodial parent doesn’t have the”power” to “put you in jail” Rather – you put yourself there.
Read the papers you get from the court. It states “failure to appear could result in a warrant being issued for your arrest.” if you don’t show, they come & get you.
All you have to do is show up. That’s all. They will ask why you aren’t paying, you tell them, & you’re on your way. No warrant!
wow i love what the women have to say bc im going thru the same situation. my daughters father is a dead beat! had 2 more freakin kids by another girl, but he cant take care of the 1 he has! been unemployed for 3 yrs, when there’s jobs popping up all over our county but he’d rather sit on his ass and snort coke, and do meth all day! i have tried to be so nice to this guy for my daughters sake, but to no avail . im sick and tired of having to work 2 jobs, and never get to really see my daughter bc shes in school and i am working 2 jobs all the time!!! and im currently going to school to become a police officer, im tired of being the only one supporting her. AND ladies NOT ALL guys are like that, i have been with another man (after leaving my daughters “sperm donor”) for 3 yrs and we had a child together, he is a wonderful dad he went out and found a job as soon as our son was born and has been taking care of my daughter (a child who isnt even his), but thats ok my daughters father will get whats coming to him eventually! he also claimed my daughter on his taxes last yr (never pays a dime in child support, and doesnt even see her) after i told him not to claim her cause i was, so when i went to file my taxes they told me my daughters social was already claimed by some one else so i had to call the irs and file my tax return thru the mail and eventually they will figure out my daughters social was claimed twice and her dad will basically be f*cked.. so fyi guys dont be dumb and try and claim a child on your taxes that you know you have no means to claim!!!
o and most of the guys on here are just bitching about how there wife cheated on them and took there kids and now your off with another woman making more babies you cant support, boo fkn whooo! mcdonalds is hiring, but thats probably not good enough for ya, right?!! its like a credit card pay off the ones you have b4 you get anymore!!!
I am parent in Florida who has shared custody of my 9 year old son. My now ex-wife was cheating and doing drugs with an ex-con. She filed for child support a year before we split up. Thats right, she was still living with me. She files frivilous lawsuits against stores she goes to and has been arrested twice for retail theft since we split. Well, her step-dad is a sucker and paid for her to get a lawyer. I couldnt afford one and represented myself. I had a good job and lost it due to her constant calling and harassment. Now she threatening to report me for contempt since I havent been able to pay support. THIS IS TO ALL THE WOMEN ABOVE TO ARE KNOCKING MEN WHO HAVE PROBLEMS PAYING FROM TIME TO TIME. MEN ARE NOT ATM”S. YOU SAY WEAR CONDOMS, WELL USE BIRTH CONTROL! I love my son and loved my wife more than anything and i got royally screwed. I did 6 years in the U.S. Army to give them a better life and all she did was sleep with every dude who gave her a couple pills. Sorry for the ranting but women who use child support so they can work part time or not work at all make me sick. I was married for ten years and the whole experience has made me not ever want to have another child or get married. Its not worth it!!!!
I am married and we separted for awhile. While we were separated I took him for child support. When we worked everything out and got back together they told me I could not stop the child support on my husband. He is now currently not working and they dont care. They have taken his DL and now has a court date in april for not paying. I really dont understand what I can do. Why should I have to pay a lawyer to stop child support on my husband when we live together. Please send me a email if you know anything about this!
I keep reading these comments about men complaining about having to pay child support because the woman cheated. Now, don’t get me wrong, women who cheat (anyone who cheats) don’t deserve a happy life. If you are that unhappy in your relationship you should leave BEFORE you cause hurt to an entire family more so than it needs. HOWEVER…… having your SO cheat on you is NOT an excuse to make your children suffer.
I see so much that men lose their jobs so they can’t pay… while I do believe in being understanding and helping your ex out by giving them a break until they get on their feet…. it is NOT an excuse when you can manage to pay for YOUR home and YOUR car, etc. I’m not saying go homeless to support your children, because it is also a mothers responsibility, but I am just so sick to death of all these excuses men have. Do you think when your child is an adult and sees that he went without while you had enough that he will understand that you “couldn’t afford” child support? I am a single mom, with 3 kids, and have received $37 in child support over an 8 year period. I work, I struggle, and I manage, so this isn’t coming from a woman who thinks she deserves to sit at home while the ex is responsible for it all. Child support is viewed as a debt from one parent to another, when in actuality child support is calculated to show BOTH parents obligations to a child or children. It is just less tangible to see the obligation when one parent has custody. It may not seem fair, but men AND women who do not pay child support ARE deadbeats. There are always exceptions, but it still doesn’t change that stereotypes are those for a reason.