Can I Put Him in Jail for Not Paying Child Support?
Hi, this is Tulsa divorce attorney Keith Flinn of the Wirth Law Office here to answer, can I put him in jail for not paying child support? Well, let’s try to answer, can you put him in jail for not paying child support? The answer is yes, you can. Obviously, the way to do so would be to file an application for contempt of court, that is for indirect contempt of court, that is the willful failure to pay child support.
It requires that child support actually be ordered, and so if there isn’t a child support order in place, that would be the place to start. You can always apply for arrearages of unpaid child support and request a judgment for those amounts, but until the court orders child support, there is no contemptible order. Now, once an order for child support is entered, you can apply for contempt of that court. The matter would be set for hearing in front of a judge, whereby he’d be afforded an opportunity to enter a plea of guilty or not guilty, and request either a bench or a jury trial.
What to Expect During a Contempt Hearing
At this setting, you will be afforded an opportunity to prove that he has willfully and knowingly failed to pay child support, at which time, if found guilty, the court can sentence him up to six months in the county jail with a fine of up to $500. Now, if the sole objective is to put a person in jail for failure to pay child support, then this can be accomplished in that manner, but it’s important to consider that persons who are in jail often will lose their sources of income, their employment during those periods.
Considerations for Pursuing Contempt of Court
If the goal is to collect child support and not just put the person into jail, then leveraging applications for contempt might be a way in order for you to hold the possibility of that consequence over the person owing you child support’s head in order to compel payments on both child support owed for the past and future child support as it is owed. So, this is Keith Flinn at the Wirth Law Office. I hope that answers your question. If you have any more questions, please give us a call at the Wirth Law Office.
Call to Action: Schedule a Low-Cost Consultation
If you are facing issues with child support enforcement and need legal guidance, don’t hesitate to contact Oklahoma child support attorney Keith Flinn with the Wirth Law Office for a low-cost consultation. Call us at 918-770-7117 to schedule an appointment with a knowledgeable attorney who can help you navigate the legal process.