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Asked 9/17/2010
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Can you be put in jail for back child support if you are paying now? My husband has gotten behind in child support over the last several years, due to seasonal job, being on unemployment and forced early retirement. His children are now 18 and 20. He has come to several verbal agreements with her, but now she has served him with contempt of court papers and says they may put him in jail. He is paying now what a judge agreed to, at one of the many court appearances she has taken him for. Now she is asking for more and changes in the agreed order. Can he be put in jail if he is making an attempt to pay now? |
Answer 1/3 - Submitted 9/18/2010
Answer 2/3 - Submitted 9/25/2010
Its not likely that a judge would jail him for back child support in this case since putting him in jail erases any ability for him to do anything about paying it back. The man is making an attempt and following what the court asked him to do.
His ex may want a change of the agreement but unless your husband's income situation has changed dramatically or the needs of the kids are extremely different, a judge may wonder what has changed. Yes, your husband should have tried to stay on track with the child support but he is trying to right that wrong and a court will take that into consideration.
Answer 3/3 - Submitted 9/30/2010
If he only owes back child support and the children are now adults, the court isn't going to modify the order to increase child support. Now, if your situation has changed, you are unable to pay, and you can show that the children do not need the support due to a disability, you may be able to get the court to terminate the child support order. If you owe her a lot of money, the court may choose to terminate the child support agreement and issue a judgment to her in the amount that you owed her. That way it is out of child support court and she will have to take other action to collect on the judgment, such as collecting when you sell a piece of property or something of that nature. It wouldn't require you to make anymore monthly payments, but the judgment would be in effect for a number of years (probably 10) and would need to be paid if you ever want to do somthing like buy or sell property, get a large bank loan, apply for mortgage credit, etc.
Good luck. Hope it all works out for you.
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