The penalties for violating court orders are significant, including those associated with a failure to pay court ordered child support. Despite some minimal variations from one state to another, all jurisdictions in the U.S. provide a variety of sanctions imposed on a parent who fails to honor her child support obligation, according to the American Bar Association Section of Family Law.
Arrearage Order
The mildest action a court takes if you become delinquent in your child support payments is a supplemental arrearage order, according to "Child Support 101" by V.T. Richey. Through this judicial action you face a requirement to pay an additional amount on top of your existing child support obligation to satisfy the past due amount. If you are subject to a wage withholding order for child support, a similar order issues to collect the arrearage payment.
Contempt Citation
The laws for failing to pay child support in all states permit a court to find you in contempt. A contempt citation can carry a variety of penalties, including a fine. In addition, a contempt citation also puts you at risk for incarceration if you do not rectify the situation regarding past due child support.
Suspension of Licenses
Most states maintain laws that permit a court or a child support enforcement agency the ability to suspend different types of licenses if you become delinquent in your child support obligations, according to the American Bar Association Section of Family Law. These include everything from hunting and fishing licenses to driver's licenses.
Incarceration
A persistent failure to comply with a child support order exposes you to the prospect of being sent to jail, according to the American Bar Association Section of Family Law. Once in jail, you likely will be placed in a work release program. Through work release you earn wages, the bulk of which are diverted to pay your past due child support obligation during your term of incarceration. Typical jail terms for non-payment of child support run from 30 days to one year, depending on the specific circumstances of your case.
Legal Representation
The penalties associated with a failure to pay court ordered child support are serious. Finding yourself facing court action because of a child support delinquency, seriously consider engaging the services of an experienced lawyer. Local and state bar associations maintain directories of attorneys that practice in different areas of the law. This includes lawyers well versed in child support matters. Contact information for these organizations can be obtained from the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
