Get sent to jail for not paying child support? Ask a Lawyer - Ep-8

If you don't pay your child support, can you actually be put in jail? Are there punishments other than jail? Isn't child support a debt? Aren't debtors' prisons illegal?

Can you actually go to jail for not paying child support?
YES! Child Support is not classified as a “debt” so if you fail to pay the full amount of child support each month, then you can be found in Contempt.
Each month of missed payments is its own act of contempt. For each act of contempt, you can be punished with up to 180 days in jail and a $500 fine.
That means that if you miss 1 year’s worth of child support, then you can be sentenced to 6 years in jail and suffer a $6,000.00 fine.

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The court may enforce by contempt any provision of a temporary or final order.

The court retains jurisdiction to render a contempt order for failure to comply with the order of possession and access if the motion for enforcement is filed not later than the sixth month after the date the child becomes an adult; or on which the right of possession and access terminates under the order or by operation of law.

If the order imposes incarceration or a fine for criminal contempt, an enforcement order must contain findings identifying, setting out, or incorporating by reference the provisions of the order for which enforcement was requested and the date of each occasion when the respondent's failure to comply with the order was found to constitute criminal contempt.

If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant's reasonable attorney's fees and all court costs in addition to the arrearages. Fees and costs ordered under this subsection may be enforced by any means available for the enforcement of child support, including contempt.

Law enforcement officials shall treat a capias or arrest warrant ordered under this chapter in the same manner as an arrest warrant for a criminal offense and shall enter the capias or warrant in the computer records for outstanding warrants maintained by the local police, sheriff, and Department of Public Safety. The capias or warrant shall be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center.

If a respondent who has been personally served with notice to appear at a hearing does not appear at the designated time, place, and date to respond to a motion for enforcement of an existing court order, regardless of whether the motion is joined with other claims or remedies, the court may not hold the respondent in contempt but may, on proper proof, grant a default judgment for the relief sought and issue a capias for the arrest of the respondent.

--See Tex. Fam. Code Ch. 157

[BigShaykh]

Sue attorneys that think like this. Firstly, they deprive you of your 4th, 5th, and 14 amendments in these title IV-D administrative court cases. Child support cases are unconstitutional and have been proven by Supreme Courts in several states. And whatever 1 state deems unconstitutional another state has no choice but to agree. If they, the judge, and attorney don’t accept it then they have acted outside of their oath. Which makes them liable to be sued. Even under color of law, you can sue the sheriff. The act upon Fraud of the Court. These attorneys are groomed to think like puppets.

[goodmaninabadtime]

Meanwhile a woman can falsely claim a man is a father when he isn’t.
No penalty for them though

[SHEAFYD]

How is it not considered a debt when the paperwork’s literally says debt and shows on your credit reports of DEBTS you owe 🤦🏾‍♂️

[johnjackson]

Y’all keep playing around if you want ✌🏾

[dh]

You can only go to jail if you allow them. Challenge the order 9x out 10 it was signed by a non judicial judge as well as the summons signed by a deputy clerk. Child support is a contract. The obligee is the creditor. The obligor is the presumed debtor. Request proof of the signed agreement between you and child support most of the time they can't produce it

[Orochimaru]

That makes absolutely no fucking sense so how are you supposed to pay child support if he’s in fucking jail

[Hammer]

This guy knows less than the turd I just dropped. Title 4D is classified as a Contract and your only obligated to do whatever you have agreed in the CONTRACT to do.

[christopherhutcheson]

If its not classified as a debt why do they report you to debt collectors and ruin your credit for non payment

[yaisdel]

As a man, we all need to step up and stop this bullshit. I’m tired of being afraid of going to jail because I can’t make a payment because I have all the payments I need to do I have other kids I need to take care of. I have my own family to take care of only because someone wants to stay home and not do anything and collect on the government because they’re lazy and don’t wanna do nothing. I have to do jail time that’s crazy bro plus they won’t even let me see my fucking kids I have to take them to court pay $5000 in court cost and pay her lawyer because she can’t afford her own lawyer because I’m asking for share custody. We need to step this up. We need to do something about this. This is messed up as a man.

[cattywampusmcdoogle]

and yet debtors prison isnt supposed to exist.

[TNT]

It’s funny I’m reading the comments and a lot of men on here bashing the lawyer or saying send the mail back. I have not seen one man say let’s not have sex without a condom or wait until u find ur wife, etc. Just a bunch of men that did what they wanted and now don’t want to support the child. Now if a woman had a baby and just wanted to be evil then that’s a different story. How about men say something positive such as this happened to me so please protect urself and wear a condom or abstain or don’t even start 🤷🏾‍♀️🤷🏾‍♀️🤷🏾‍♀️.

Ladies close ya legs and buy ur own condoms. Don’t have sex or abstain. If they take it off then stop and leave. Always make sure u have money on u before meeting someone. Having a baby when ur not mentally ready is not a good feeling. I planned for my daughter so I was ready but I did not plan for my son I said stop and he kept going…rape. I love both of my kids but the mental anguish of having a child when u aren’t ready is not a good thing. Babies don’t equal money. Get out of that mind set.

That being said there are many wolves in sheep’s clothing, both males and females. Be careful everyone!

[josedavila]

I'm on child support.. living with my kids and their mother and I'm still on child support any lawyer recommendations ?

[frannyoaksdesigns]

I'm a woman who pays. My son was in state custody (w/paternal grandmother)

Its a long story, but they illegally took my son. He was almost 4.

I then got into a very abusive relationship (not with the fatber, but he beat my ass too), and after he tried to kill me, I packed my life in 2 suitcases and flew to AL from OR.
I did this while he was in jail.
The landlord let me break my lease and off I went. I was there 6 yrs. longer that I planned. I went through hell, but made it back in 2015.

There was a custody case I was never aware of. My ex and his mom said they had no idea where I was. No way to contact me.
A court clerk told me this, and other info. as she was reading some document.She sd she wasn't supposed to. I talked to her after calling many numbers. That's how I found out he had custody.

I started calling because I wanted to talk to my son! I was given soo many excuses...he's with his aunt, he's this and that.
I talked to my son every Sun.He sent me pictures that he drew, etc. She sent me copies of report cards. I hadn't moved or changed my number.
They knew exactly how to get ahold of me. I was broken.
I was making min. wage $7.25 then garnished 50%. No car, walked over a mile to a bus stop, just to get to work. I lived outside of the bus line.

My son is now 19, and I have $1800.00 and some change in arrears. The Enforcer has been threatening legal action and has sent several hostile emails. I'm having medical problems, already did the letter from doctor, all that, but I literally cant pay. 3rd surgery in July coming up since Oct.

50% of my paycheck for16 yrs. and of course all tax returns and 1st stimulus garnished. Fine whatever.

Now he's threatening legal action. I finally got my own apartment 3yrs. ago. I am 50 yrs. old and I have no life. I'm so stressed out about this I fell asleep standing up the other night. lol. I was eating a snack and smacked my face into the kitchen cupboard in front of me. I thought I broke my nose, wierd.
Anyway, I would be homeless if I went to jail. Shelters can be scary and I'm at the point that I almost cant do this anymore. I have nothing left in me.

I love my son so much and we do have a relationship, there are so many things I let myself get screwed on. I was f-ed over more ways than one. I'm just ready for comes next after this life.

Sorry for the long post, I've never written anything public about this before.

[angelaculpepper]

What court has authority to take you to jail when it's a voluntary service? Where the terms and services disclosed when the mom put the dad on support? Sounds like due process violation to me....

[thegianttreeservice]

6 years in jail for one year of none payment wtf!! Now even a burglar or murder gets that much time 🤦🏻‍♂️

[gageperez]

Moral obligation there is nothing moral about the government or the state besides extorting people who actually work

[capsquadgaming]

Appeal the case take it to higher court it gets reversed only admisinstative chikd support

[thelza]

So what if the child support money is being misused in terms of the parent, the one who has custody of the child, is spending that money on themselves rather than the child? is that illegal, too? Is there jail time for that as well? A fine?

[officialkozar]

And attorney play along for the benefit of making more money off destroying a family and a child

[roxannemoser]

Matthew, in Texas, you can go to jail for not paying child support for a child that isn't yours.