How to get someone arrested for not paying child support

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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Child Support Enforcement in Alabama

Get the answers to frequently asked questions about how child support is enforced and collected in Alabama.

By Beth A. T. Krause

Once you've obtained an order for child support from your child's other parent, that parent must continue to pay child support on time and in full until the child support obligation ends, which in Alabama is usually when the child reaches age 19. This article provides an overview of what you, as the custodial parent, can do if your child's other parent, the noncustodial parent, isn't paying child support on time, in full, or at all. If after reading this article you still have questions about how to enforce your child support order, you should speak to an Alabama family law attorney.

For background information about child support and obtaining an order in Alabama, read Child Support in Alabama.

What happens when a parent fails to pay child support?

Once you have an order for child support, the noncustodial parent must pay the amount ordered on time and in accordance with the order, usually every week or every two weeks. If the noncustodial parent doesn't pay, it is considered a violation of the order. Once the payments are missed, you can "enforce" your order. The Child Support Enforcement Division of the Alabama Department of Human Services (CSED) can assist you.

Alternatively, you can hire a private attorney, who can go to court on your behalf and ask a judge to enforce your child support order and issue new orders aimed at collecting support. It may even be the same judge that issued the original child support order in your case. This may be a good option for those parents that can afford a private attorney and in those locations where the local CSED office may be backlogged with cases. For more information about this option, you should contact a local family law attorney.

Does it cost anything for CSED to help me?

If you or your child receives public assistance, CSED's services are free. If you or your child are not receiving public assistance, CSED charges only a small fee for their services.

What happens when a child support order is "enforced"?

While most parents who owe child support pay on time every time, sometimes, a parent does not want to pay and must be encouraged by more than the mere existence of a court order. To do this, the law makes paying child support more appealing by taking away other things that the owing parent wants, like a license or a passport. However, taking away the owing parent's visitation or parenting time with the child is not an option.

CSED uses the following methods to further entice an owing parent to pay child support:

wage deductions – child support can be taken directly from the noncustodial parent's income, worker's compensation, unemployment, or retirement benefits
credit bureau reporting –the noncustodial parent can be reported to the credit bureaus where the parent owes more than $1000 in child support, which can result in the parent having difficulty obtaining a loan or mortgage
income tax intercepts – the noncustodial parent's state and/or federal income tax refunds can be intercepted or redirected to the custodial parent to cover missed child support payments where the parent owes more than $500
license suspensions and revocations – the noncustodial parent's driver's, professional, sporting and/or recreational license can be suspended or revoked
passport restrictions – the noncustodial parent's US passport can be revoked, suspended, or the application denied where the parent owes more than $5000 in child support
liens – the custodial parent can obtain a lien against the noncustodial parent's property, like a car or home, so that the child support owed is paid before the property can be sold or refinanced.

In order for any of these methods of enforcement to take effect, the noncustodial parent must receive notice, or be informed, of the action being taken by CSED. Once the debt is paid and proof of payment is provided, the restriction will be lifted.

What is contempt of court?

There is one additional tool that you can use to entice an owing parent to pay child support: civil contempt of court. However, you must go to court to obtain a contempt order. When a person is held in "contempt," it means that they have not done what a court has ordered them to do.

When an owing parent is at least 30 days behind in payments, then you, your attorney, or CSED can ask a court to find the parent in contempt. Again the owing parent must be notified and told to come to court. If you or CSED proves that the parent has purposefully or intentionally failed to pay the child support order, the owing parent will be found to be in contempt of the order. One possible penalty of being found in contempt is jail time.

Resources

For more information about CSED, including contact information, check out the Alabama Department of Human Resources Website.

For the full text of the statutes governing the available child support enforcement tools, see Ala. Code § § 30-3, Articles 3, 8 and 9.

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Criminal liability for non-payment of alimony

If you do not pay child support, you can go to jail - that's the law. And we'll see how it is in life: what kind of punishment the courts impose for alimony debts and why it cannot be avoided, even if the parent gave the child as gifts or could not support him until he worked

Non-payment of alimony is a crime

Responsibility for non-payment of alimony for minor children is provided for by Art. 157 of the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation). The same article applies to cases of non-payment by children of funds for the maintenance of their disabled parents. But we will focus only on alimony.

So, if a parent who is obliged to pay alimony does not regularly pay them without a good reason, then he is threatened with punishment: corrective or forced labor for up to 1 year, or arrest for up to 3 months, or imprisonment for up to 1 year.

To bring the alimony payer to criminal liability under Art. 157 of the Criminal Code of the Russian Federation, the court must establish the following (Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2022 No. 39):

the debtor does not pay maintenance on purpose. That is, the court needs to establish intent and check whether the debtor could support the child;
there is no good reason for non-payment. The court must examine all the reasons why the debtor does not pay alimony. However, the problem lies in the fact that criteria for assessing the validity of the cause are not defined. In judicial practice, there are examples when the alimony payer referred to illness, but such an argument was not taken into account;
repeated non-payment. Repeatedly takes place if during the period of non-payment of alimony the payer was subjected to administrative punishment for a similar act under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation. Subjected to such punishment, he will be considered within the period specified in Art. 4.6 of the Code of Administrative Offenses of the Russian Federation. In this case, non-payment of alimony must continue for at least two months in a row.

Calls about approaching criminal liability

There are two situations that lead the alimony debtor to the plane of criminal punishment:

“explanatory conversations” with a bailiff. He reminds the debtor of the need to pay alimony, finds out the reasons for their non-payment, talks about the possible prosecution;
bringing the alimony payer to administrative responsibility under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation.

If, after these events, the parent deliberately, without good reason, does not pay child support, he cannot escape criminal punishment.

Practice of bringing to criminal responsibility for non-payment of alimony

According to recent examples from judicial practice, it is clear that there is no such trend - if a parent does not pay child support for two months, then he is immediately sent to prison. But there are circumstances that alimony payers mistakenly consider exonerating. Let's consider them.

1. No job and no permanent source of income. Only the absence of a permanent place of work will not save you from criminal liability for non-payment of alimony. Usually in such situations, the courts say: the person is able-bodied and does not take measures for employment, which cannot be considered a good reason for non-payment of alimony.

Before sentencing, the courts check whether the unemployed debtor was registered with the employment center and whether he tried to get a job. If the debtor did not get registered and did not look for work, then it will not be possible to convince the court that he was not able to pay alimony due to lack of income. The court will not consider this a valid reason. On the contrary, it will decide that the payer did not do everything possible to receive income and pay alimony.

For example, the Shelekhovsky City Court of the Irkutsk Region, in its guilty verdict of 22 February 2022 in case No. 1-370/2021, noted:

“... The defendant, knowing for certain about the administrative punishment, having no valid reasons for non-payment of alimony, in the absence of a permanent source of income, being an able-bodied person, for a long time did not take measures to find employment in a permanent place of work, receiving income from temporary employment, alimony from he did not pay them, spent them at his own discretion, did not inform the bailiff about the place of work, did not provide documents confirming the payment of alimony. Having the opportunity to receive unemployment benefits, find a permanent job and pay alimony, I did not apply to the State Public Institution “Center for Employment of the Population” for assistance in finding a job, I did not register as unemployed. ”

2. I bought gifts for my child and took them on vacation. Buying food, things and gifts for a child or taking a vacation together cannot replace the payment of alimony. Therefore, references to such circumstances will not help the alimony payer to avoid liability.

For example, the Moscow City Court in its appeal ruling dated May 17, 2022 No. 10-8640/2022 noted:

“The arguments of the convict and his defenders that the purchase of a mobile phone, a joint vacation, the purchase of clothes for the daughter should be considered as the execution of a court decision on the payment of alimony, are not based on the norms of the current legislation, which provides for the payment of alimony in cash, in the amount of determined by the parties in the relevant agreement or in a court decision.

Punishment for non-payment of alimony

Article 157 of the Criminal Code of the Russian Federation provides for the most severe punishment of imprisonment for up to 1 year. However, correctional labor is more often prescribed with the deduction of part of the earnings to the state revenue.

Corrective labor is appointed for a period of 4 to 10 months. And from 5 to 10% of wages are deducted to the state income (verdicts of the Chusovsky City Court of the Perm Territory of November 17, 2021 in case No. 1-337 / 2021; Shakhunsky District Court of the Nizhny Novgorod Region of February 18, 2022 in case No. 1- 197/2021; Chesmensky District Court of the Chelyabinsk Region dated February 18, 2022 in case No. 1-150/2021).

Guidelines for Support Payers

Parents often ask: what to do so that they are not prosecuted for alimony debts? For this you need:

accept the fact that the payment of alimony is an obligation and is not relieved by unwillingness to work or conflict with a spouse;
carefully read the text of the maintenance agreement, if it was concluded, and strictly follow it;
collect evidence that will confirm that alimony was not paid for a certain period for a good reason;
appeal against the judicial act on the recovery of alimony in case of disagreement with it. If you understand that you will not be able to pay alimony in the prescribed amount, then you need to apply to the court with an application to change the amount of alimony.

(Answers to the questions of payers and recipients of child support can be found in the collection of materials on the topic “Child support.”)

Criminal liability for non-payment of alimony: Rules from the Plenum of the Supreme Court 157 of the Criminal Code. It was the rules for the application of this article that were fixed by the Plenum of the Supreme Court in its new resolution.

Previously, the Supreme Court has already explained the rules for the collection of alimony and administrative responsibility for non-payment. The Plenum addressed the issue of criminal liability for such a violation for the first time.

Repeatedness - the path to criminal liability

In the very first paragraph of the new resolution, the Plenum emphasizes: criminal liability under Art. 157 of the Criminal Code occurs only in the event of repeated deliberate non-payment of alimony. Repeatedness means that during the period of non-payment, a person was punished for the same administratively under Part 1 or 2 of Art. 5.35.1 of the Code of Administrative Offenses (administrative prejudice). Therefore, the courts must check the status of this case of an administrative offense and indicate the signs of an administrative prejudice in the verdict.

Children do not add up

The punishment under the Code of Administrative Offenses should be for a similar violation. If a person is obliged to transfer alimony to several children under several court decisions or notarial agreements, the sanctions are “accumulated” for each document separately.

Third month

When assessing the timing of non-payment of alimony, the Supreme Court suggests focusing on Art. 5.35.1 of the Code of Administrative Offenses. That is, for two or more months in a row as part of the initiated enforcement proceedings.

An example is given in the ruling. The decision on administrative violation came into force on January 15. In this case, non-payment of alimony for January, which took place from February 1 to March 31, already from April 1 makes it possible to bring a person to criminal responsibility.

Old debts

The Plenum emphasizes: the alimony payer cannot be held criminally liable for non-payment for those periods for which the payment deadline has come before the decision on the case of an administrative offense enters into force.

The importance of timing and amount

If a person paid, but less than stipulated by a judicial act or a notarial agreement, or paid irregularly, he can be held criminally liable, the Plenum decided.

Food and toys will not replace money

Buying groceries, gifts, and paying the child's expenses does not release the child support payer from his obligation to transfer money. But these circumstances must be assessed by the court when considering the case.

Good reasons will help to avoid liability

Criminal liability under Art. 157 of the Criminal Code occurs only in cases where the payer had a real opportunity to pay alimony, but deliberately did not do so.

“If his failure to fulfill maintenance obligations was due to the presence of reasons that were recognized by the court as valid, then these acts do not constitute a crime,” the Plenum of the Supreme Court explained.

Saving insignificance

Underpayment of alimony may not lead to criminal liability if the judge considers the violation to be insignificant under Art. 14 of the Criminal Code. When resolving the issue of the insignificance of the violation, the court must take into account, in particular, the amount of unpaid amounts, the length of the period for which the payment of alimony was not fully paid, as well as the motives that guided the accused.

Too late

If a person compensated for the damage or made amends for the damage, this in itself is not able to relieve him of criminal liability, the Plenum clarifies. But the court may take this into account when imposing a sentence or releasing it on non-rehabilitating grounds.

Exemption from liability Plenum of the Supreme Court

Under the full repayment of the debt, which, in accordance with paragraph 3 of the notes to Art. 157 of the Criminal Code makes it possible to release a person from liability, the Plenum calls for understanding the payment of the entire amount of the debt for the execution of alimony, available at the time of the termination of the criminal case. A document containing information about the amount of the debt must be attached to the materials of the criminal case.

The court will not believe the promises

Not only he himself, but anyone else at his request can pay the debt of the accused on alimony. “Promises, as well as various obligations of the person who committed the crime, to pay off the debt in the future are not circumstances that give rise to the release of this person from criminal liability,” the Plenum emphasizes.