Child support contempt of court occurs when a parent willfully and consistently fails to meet their court-ordered child support obligations.
The court takes child support contempt of court cases seriously. The courts have the authority to send a parent to prison for failing to pay child support. It is important to have a clear understanding of the laws and regulations surrounding child support contempt to build a strong case.
In this article, we will discuss strategies and guidelines on how to win a child support contempt of court case.
Five Proven Ways to Win a Child Support Contempt of Court Case
Being charged with contempt of court is serious, I would recommend you consider it as such. If you are facing a contempt of court hearing, I recommend you immediately contact an experienced attorney in your jurisdiction. Contempt of court charges can vary from state to state.
This article will give you an overview of general ideas on how to win at a contempt of court hearing.
1. Prove You Did Not Have the Financial Capacity to Pay Child Support
In general, to establish a cause of action for contempt of court for failing to pay child support, the custodial parent must present the court with evidence showing two things:
- The non-custodial parent failed to pay child support, and
- The non-custodial parent’s failure to pay child support was intentional and unjustified.
A custodial parent’s claim of contempt of court will be thrown out if they can’t show that the non-custodial parent willfully refused to pay child support. It is a valid defense to contempt of court to present a defense that you did not have the ability to pay the court-ordered child support.
To win on this defense, you will most likely need to prove that you are unemployed. You could be unemployed if you were fired, laid off, have a health problem that keeps you from working or became disabled.
Courts are not sympathetic to a person if they have the ability to work but are choosing not to. If you can work, you should do so. To prove that you couldn’t pay child support because you didn’t have enough money, you must show that you were unemployed and couldn’t find work despite making reasonable efforts.
If the non-custodial parent can prove that the failure to pay was unintentional, that he has used up all of his financial options, and that he was still unable to pay the child support, the court should not find the non-custodial parent in contempt of court.
2. Get Current on The Child Support Obligation
Another way to beat a contempt court case for failing to pay child support is to take out a loan to pay off the child support obligation.
If the non-custodial parent can borrow money from a bank or another person to fulfill the child support obligation, they should do so instead of going to court and claiming that they cannot pay. If you can obtain a loan and pay the back-due child support, you should do this. This is a better option than facing potential civil fines and/or jail time.
3. Sell an Asset to Pay Off the Child Support Obligation
Many courts have ruled that a party must use all assets before claiming the inability to pay child support. This would include real estate, boats, recreational vehicles, unnecessary cars, and other non-essential assets.
Before you could be charged with contempt of court for not paying child support, if you have assets you aren’t using, you might want to sell them or take out a loan against them to pay the back child support.
4. Prove the Divorce Decree is Not Enforceable
The “void for vagueness” theory is the basis of a defense that can be used in any child support contempt case. The order must say what had to happen for someone to be found guilty of civil or criminal contempt of court and get punished for it.
If your divorce decree is silent as to what conduct will result in contemptuous conduct, you can argue that the failure to pay child support cannot result in contempt of court. If your divorce decree is silent on the exact dates child support payments are to be paid, and what the consequences will be if not paid on time, you can argue the divorce decree is void and that the court should use a “reasonable” approach if payments are missed.
5. Prove There has Been a Change in the Child’s Primary Custody
Child support may not be due if child custody changes. When the parent has been granted legal custody of the child for whom he is required to pay support, the fact that the child is now living in his home might be used as a defense in a contempt case.
Typically, to win with this defense, you will need to obtain a court order and document the change in custody. But, if all you have is a private agreement on the change of custody, you may be able to make an argument for why you stopped making child support payments.
Although relying on a private agreement is usually not permitted, it may shield a respondent from being required to pay back fees if they do so in a reasonable and good-faith manner.
Can You Go To Jail For Contempt of Court In a Child Support Case?
The consequences of contempt of court can include significant fines, other costs, and possible jail terms.
If the court finds that there was a child support order that you disobeyed and that you currently have the means to pay child support, you can be held in contempt of Court and sent to jail.
In most child support contempt of court cases, when a court orders a person to jail, the court will make their release conditional upon their agreement to begin paying child support.
As a result, the defendant in civil contempt proceedings is said to “possess the keys to their jail cell” because they can choose how long or how little time they spend behind bars.
In my experience, it is unlikely that the judge will jail you if you can pay all or part of the back child support you have been withholding.
Frequently Asked Questions
Q. What happens if the other parent is found in contempt of court for child support?
If the other parent is found in contempt of court for child support, they may face consequences such as wage garnishment, driver’s license suspension, property liens, or even imprisonment, depending on the court’s discretion.
Q. Can I modify the existing child support order if my financial circumstances change?
Yes, if your financial circumstances change significantly, such as a change in income or employment status, you can seek a modification of the child support order. Consult with an attorney to understand the process and requirements.
Q. What if I cannot afford to hire an attorney for my child support contempt case?
If hiring an attorney is not feasible, you can choose to represent yourself. However, be aware that self-representation requires thorough research, an understanding of legal procedures, and knowledge of relevant laws.
Q. Are there alternatives to going to court for child support disputes?
Yes, alternatives such as mediation or alternative dispute resolution methods may be available to resolve child support disputes. These methods can offer a more amicable and cost-effective resolution.