Rancho Cucamonga · San Bernardino · Inland Empire
The Law Offices of Soheila Azizi & Associates, P.C.
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Have you been ordered to pay child support for your child or children? What happens if you happen to be laid off from work or forget about a payment date and don’t pay your liability? Child support is court ordered, and failure to obey a court order is known as contempt of court. If you owe support for any amount of time, the other parent may be able to ask for a hearing before a judge and ask that you be held in contempt of court. If they do so, you will be served with a document that orders you to attend the hearing and you must explain why you haven’t made a payment. If you fail to attend, you may be looking straight at a warrant for your arrest.
Even further still, there are other things that could happen to you if you don’t pay. You could pursue payment by contacting an agency in your specific state (as there is one in each state in the United States) that oversees child support collection issues. They will be obliged to help you in your time of need when payments are not coming in. These agencies work to locate your ex-spouse or partner and seek payment even if that spouse or partner moves to another state. The child support payment could be forwarded to your ex-spouse or partner’s employer, their state child support agency, or family court. Always remember that it is a felony to refuse to pay child support.
How Do You Avoid Doing Jail Time?
You must always remember that attending the contempt of court hearing will probably help you arrive at the best outcome. This shows the court, in many cases, that you have not deliberately disobeyed the court’s order to pay your child support. Preparing evidence to show that you are not irresponsible is always a good step in the right direction. Show the court reasons why you didn’t pay – if it’s because you lost your job, make sure that you have proof that you went job searching and a sworn statement from your last employer on what happened that caused you to lose your work.
You must also provide the court with a reason why you didn’t request a modification hearing when you realized you wouldn’t be able to pay the support. If you have been sick or immobilized, make sure that you have statements from medical professionals to prove this. Perhaps you spoke to lawyers about making a request for modification but the lawyer’s fees were too expensive. Keep track of the date in which you spoke to each one and the fee that was quoted to you.
Other Consequences
Besides looking at jail time, there are some other consequences you can expect. Your wages could be garnished, your tax refund could be intercepted, your property could be seized, or your driver’s license could be suspended. Garnishment can be one of the most difficult repercussions to your life as it involves your employer holding back some or all of your income and remitting it to the state. This could create some unintended negative consequences at your workplace.
The truth of the matter is that a judge will rarely order a parent to do jail time because of contempt of court. Courts recognize the fact that, if a parent is thrown in jail, they will not be able to earn money even further and make more child support payments. If you need to speak to an attorney that understands your case, you can contact Soheila Azizi & Associates for more information.
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