How long can you go to jail for child support

7 Pitfalls for Failing to Pay Child Support in Texas [2022]

Last Updated on October 18, 2022 by Turner Thornton

If you are a parent who is struggling to make ends meet, you may be tempted to stop paying child support. This is a huge mistake. Not only could it damage your relationship with your child, but you could also face jail time and other negative consequences.

In this blog post, we will discuss the seven biggest pitfalls of failing to pay child support in Texas (don’t miss #2). Please also take a moment to watch the informative videos from Turner Thornton, an experienced family law attorney at Varghese Summersett Family Law Group.

1.

If you were ordered to pay child support and you don’t make your payments, the other parent can take you to court. If the judge finds that you purposely failed to pay child support, you could be found in contempt of court for violating a court order and sentenced to up to six months in jail.

In Texas, you can also be arrested for failing to pay child support. Under Texas Penal Code 25.05, a person commits the offense of “criminal nonsupport” if he or she “intentionally or knowingly” fails to provide support for their child. Criminal non-support is a state jail felony punishable by six months to two years in a state jail facility and a maximum $10,000 fine.

It’s important to point out that if you are intentionally avoiding your court-ordered obligation to pay child support, you could end up on the Texas Attorney General’s website. The OAG operates a Child Support Evader Program in which officials publish the names and photos of parents who owe more than $5,000 in child support and have a warrant out for their arrest.

2.

If you fail to pay child support, your driver’s license can be suspended – and any other license you hold in Texas. Under Chapter 232 of the Texas Family Code, any license issued by the state of Texas can be suspended for failing to pay child support, including a professional license, a license to carry, or even a hunting or fishing license.

3.

Most court orders for child support now include an automatic income withholding order, which is sent to the non-custodial parent’s employer instructing them to withhold child support from their paycheck. The amount that is withheld is then sent directly to the custodial parent (usually through the child support office).

4.

In addition to wage garnishment, if you are behind on child support, the other parent can request that the child support office intercept your state and federal tax refunds. The child support office will then send the money to the custodial parent to help offset what is owed in child support. This also goes for lottery winnings.

5.

If you don’t pay child support, the Texas Attorney General’s Office can file a lien on your property, bank account, retirement plan or just about any other asset.

6.

You may not be able to get a passport if you are behind on child support.

If you owe more than $2,500 in back child support, you can be denied a new or renewed passport.

7.

The Texas Attorney General’s Office is required to report the amount of child support you owe and the amount that has been paid to the credit reporting agencies. So if you are behind, don’t be surprised to see your credit scores drop.

As you can see, Texas has a zero-tolerance approach when it comes to child support. If you have lost your job or are struggling to make your payments, it is important to speak to an experienced attorney who can assist you in having your child support lowered.

At Varghese Summersett Family Law Group, we understand people going through tough times. It’s what we do. Contact us today at 817-900-3220 to schedule a consultation with a compassionate family lawyer.

On the flip side, if you are a parent who isn’t receiving child support, we can assist with child support enforcement action.

Jail Time for Unpaid Child Support

If you owe back child support, you could face jail time. Learn more.

By Margaret Reiter, Attorney

If you owe back child support, you could face jail time. Here's how this works.

Contempt of Court for Failure to Pay Court-Ordered Child Support

Failure to obey a court order is called contempt of court. If you owe unpaid child support, the other parent can ask for a hearing before a judge and ask that you be held in contempt of court. You must be served with a document ordering you to attend the hearing, and then must attend and explain why you haven't paid the support you owe. If you don't attend, the court can issue a warrant for your arrest. Many courts do issue warrants, making county jails a resting stop for parents who don't pay child support and fail to show up in court.

If you attend the hearing, the judge can still throw you in jail for violating the order to pay the support. And the judge might do so, depending on how convincing your story is as to why you haven't paid.

How to Avoid Jail for Unpaid Child Support

To stay out of jail, go to the contempt of court hearing prepared to show that you have not deliberately disobeyed the court's order to pay child support. You may have to convince the judge that you're not as irresponsible as it appears. Preparing evidence is a must.

Your first step is to show why you didn't pay. If you've been out of work, get a sworn statement from your most recent employer stating why you were let go. If you went job searching but had no luck, provide records of when you interviewed or filled out an application and with whom you spoke. Remember: Disputes with the custodial parent about custody or visitation are never an acceptable excuse for not paying child support.

Next, you must explain why you didn't request a modification hearing when it became evident that you couldn't meet your support obligation. For example, if you've been in bed or otherwise immobilized—depressed, sick, or injured—get sworn statements from all medical professionals who treated you. Also, get statements from friends or relatives who cared for you. Emphasize your most compelling arguments (for example, you couldn't get out of bed), but never lie.

If you spoke to lawyers about helping you file a modification request but couldn't afford their fees, bring a list of the names of lawyers you spoke to, the date you spoke to each one, and the fee the lawyer quoted you. If you tried to hire a legal aid lawyer to help you but you make too much money to qualify for such assistance (or the office had too many cases, or doesn't handle child support modifications), make sure you bring the name of the lawyer and the date of the conversation.

Possible Outcomes at the Contempt of Court Hearing

The judge may put you in jail or may instead order you to make future payments and set up a payment schedule for you to pay any unpaid support. The judge won't reduce the amount of your unpaid support—arrears cannot be modified retroactively—but may decrease your future payments. The judge may also order that your wages be withheld, that a lien be placed on your property, or that you post a bond or other assets.

Judges rarely put a parent in jail for contempt of court. Usually, it happens only if an income-withholding order and a wage garnishment won't work. Courts recognize that a jailed parent cannot earn money to make child support payments.

For information on other methods of collecting child support, including wage withholding orders, liens, posting bonds, and more, see our Enforcement of Child Support Obligations area. If you face a court hearing regarding child support, contact an attorney. A family law attorney who handles child support matters should be able to explain the law and provide you guidance.

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of the Criminal Code of the Russian Federation Article 157.

of the Criminal Code of the Russian Federation Article 157. Non-payment of funds for the maintenance of children or disabled parents

(as amended by Federal Law of 03.07.2016 N 323-FZ)

(see the text in the previous wording)

1. Non-payment by a parent, without good reason, in violation of a court decision or a notarized agreement, of funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act has been committed repeatedly -

is punishable by corrective labor for up to one year, or forced labor for the same term, or arrest for up to three months, or imprisonment for up to one year.

2. Non-payment by adult able-bodied children without good reason in violation of a court decision or a notarized agreement of funds for the maintenance of disabled parents, if this act has been committed repeatedly - or arrest for up to three months, or imprisonment for up to one year. nine0003

Notes. 1. Non-payment by a parent without good reason in violation of a court decision or a notarized agreement of funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act has been committed repeatedly, the failure to pay by the parent without good reason in violation of a court decision or a notarized agreement shall be recognized funds in the amount established in accordance with a court decision or a notarized agreement for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, subjected to administrative punishment for a similar act, during the period when the person is considered to be subjected to administrative punishment. nine0003

(as amended by the Federal Law of December 30, 2021 N 499-FZ)

(see the text in the previous edition)

parents, if this act is committed repeatedly, it is recognized that adult able-bodied children, without good reason, in violation of a court decision or a notarized agreement of funds in the amount established in accordance with a court decision or a notarized agreement, for the maintenance of disabled parents subjected to administrative punishment for a similar act , during the period when the person is considered subjected to administrative punishment. nine0003

(as amended by Federal Law No. 499-FZ of December 30, 2021)

(see the text in the previous edition)

the amount paid off the debt for the payment of funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, or disabled parents in the manner determined by the legislation of the Russian Federation. nine0003

(Clause 3 was introduced by Federal Law No. 499-FZ of December 30, 2021)

Is it possible to be held liable again for non-payment of alimony? - Lawyer in Samara and Moscow - representation in court and legal services

HomeQuestions and answers Can I be sued again for non-payment of child support?

Hello! There are two children from the first marriage. The alimony debt has been 999,000 since 2011. It was not possible to pay. She served under Art. 157 of the Criminal Code of the Russian Federation. Now there is a 3rd child age 1.9. I am on maternity leave with him. Can I be jailed again for non-payment. And will they make a recalculation for the time of my decree?

Lawyer Lebedev Z.S.

Good afternoon! According to Part 1 of Article 157 of the Criminal Code, non-payment by a parent without good reason in violation of a court decision or a notarized agreement of funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act has been committed repeatedly -
is punishable by corrective labor for a term of up to one year, or by forced labor for the same term, or by arrest for a term of up to three months, or by deprivation of liberty for a term of up to one year. nine0043 According to Article 82 of the Criminal Code, a pregnant woman, a woman with a child under the age of fourteen, a man with a child under the age of fourteen and who is the only parent, except for persons who have been sentenced to restraint of liberty, imprisonment for crimes against the sexual inviolability of minors under the age of fourteen, imprisonment for a term of more than five years for grave and especially grave crimes against the person, imprisonment for the crimes provided for in Articles 205, 205. 1, 205.2, 205.3, 205.4 and 205.5, parts three and four of the article 206, part four of Article 211, Article 361 of this Code, and crimes associated with the implementation of terrorist activities, provided for in Articles 277, 278, 279and 360 of this Code, the court may defer the actual serving of the sentence until the child reaches the age of fourteen.
If the convicted person referred to in the first part of this article has abandoned the child or continues to evade the duties of raising the child after a warning issued by the body exercising control over the behavior of the convicted person in respect of whom the serving of the sentence has been suspended, the court may, upon the recommendation of this body cancel the suspension of serving the sentence and send the convict to serve the sentence to the place designated in accordance with the court's verdict. nine0043 Upon reaching the age of fourteen by a child, the court releases the convicted person specified in the first part of this article from serving the sentence or the remaining part of the punishment with the removal of the conviction or replaces the remaining part of the punishment with a milder form of punishment.
If before the child reaches the age of fourteen, a period equal to the term of the sentence, the serving of which was suspended, has expired, and the body exercising control over the behavior of the convicted person, in respect of whom the serving of the sentence has been suspended, has come to the conclusion that the convicted person, specified in part one of this article, has complied with the conditions deferment and its correction, the court, on the proposal of this body, may decide to reduce the period of deferral of serving the sentence and to release the convicted person from serving the sentence or the remainder of the sentence with the conviction removed. nine0043 If, during the period of deferral of serving a sentence, the convicted person specified in the first part of this article commits a new crime, the court shall impose a punishment on him in accordance with the rules provided for in Article 70 of this Code.
According to Article 119 of the Family Code, if, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established in court, the financial or family situation of one of the parties has changed, the court has the right, at the request of either party, to change the established amount of alimony or release the person obliged to pay alimony, from their payment. When changing the amount of alimony or when exempting from paying them, the court may also take into account other noteworthy interests of the parties. nine0043 The court has the right to refuse to collect alimony to an adult with legal capacity if it is established that he committed an intentional crime against the person obliged to pay alimony or in case of unworthy behavior of an adult legally capable person in the family.
Thus, in your case, the court may grant you a reprieve from serving your sentence. Also, due to the fact that you have another child, a reduction in the amount of alimony is possible.

Yours sincerely, lawyer Zakhar Lebedev, Partner at Antonov & Partners Law Office. nine0003

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Relevance date of the material: 02/13/2019

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