Can You Go to Prison If You Haven’t Paid Child Support?
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Every child has the right to receive support from their parents whether they are living together or separated. The purpose of child support is to provide the child’s needs such as school expenses, health requirements, food, housing, extracurricular, clothing, and time.
Children living with both parents do not need the court to order parents to provide for them financially. However, in cases where the children live with a single parent, the other parent is required by law to offer their support.
Usually, the court orders child support to children aged 0- 18 or 21 years, depending on the state. However, a child older than 21 and is still in college is still eligible for support from their parents until they complete college. If the parent fails to pay, it is considered contempt of court, which is subject to imprisonment.
What Triggers Child Support?
Child support is enforced when parents separate or divorce. It may also occur when one parent dies and the children cannot stay with the remaining parent.
The divorced or separated parents have the option of solving custody and child support issues amicably without involving the court. If they cannot agree, they go to court to initiate a child custody order. The role of the child custody order revolves around the child’s interests only. After that, the judge decides which parent should be the custodial parent.
The judge’s final verdict considers the mental state of each parent, the relationship between the parent and child, and the wishes of the child. The judge will also decide on child support, visitation, and legal custody.
How do you calculate Child Support?
The child support amount depends on the state the family resides. Different states come with specific support guidelines that all relate to federal law. The formula must consider parents’ tax status, monthly income from various sources, and children in other relationships. The judge also considers the difference in parents’ earnings before giving the final support order.
You can use an online child support calculator to generate an estimated amount of child support the non-custodial parent should provide.
Other significant factors like divorce settlements are also considered, and a statement is issued in the child’s interest.
What Happens When a Parent fails to Pay Child Support?
The court summons a non-custodial parent who isn’t paying child support immediately after the case is reported. The summon helps find out why the parent has not been honoring the agreement and alternative ways the child could be supported. The more unpaid child support installments, the higher the risk of getting charged with contempt.
The court is never tough on the non-custodial parent after the first summons and allows them to explain why they didn’t honor the agreement.
If the reasons for not paying are valid, the parent is given enough time to complete the payment, whether through a payment plan or playing a lump sum. However, if the judge considers the reasons given as invalid, the parent can end up behind bars.
Additionally, a non-custodial parent who doesn’t attend a court hearing after being summoned can end up in prison.
The law states in detail that matters relating to child support are only made in the child’s best interest. The child must receive support even if the parent does not want to see their child. They can always reach out to the guardian through the family account.
The non-custodial parent can end up in prison if;
- they owe more than $5000
- they could pay as proven by current financial statements
- they wilfully refuse to pay
- they haven’t paid child support in the last year
How long is the Sentence?
If the case was handled at the federal level, the parent could be detained for six months. However, if the parent willingly failed to pay the child support, the jail sentence increases to 2 years.
Also, the jail sentence is two years for a parent owing child support two years overdue or $10000.
Other actions Taken for failure to Honor Child Support
If a parent does not pay child support, they can face the following:
- Denial from certain governments.
- Be subjected to fines.
- Denial or suspension of professional certificates.
- Denial or suspension of driving license
- Real estate may be sold to cover child support
- Denial from tax refunds
- The law can garnish wages, take all compensation and unemployment benefits
When Does Child Support End?
In most cases, the non-custodial parent gets relieved of child support when the child becomes of age. The majority age can be 16, 18, or 21, depending on the agreement made by the court. However, the non-custodial parent may continue paying child custody until the child completes high school or college.
Additionally, child support can end in case of a child’s marriage or death. However, if the child reaches the age of majority and the non-custodial parent has arrears, they must continue paying the arrears until they are cleared.
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