How Can Father Avoid Going To Jail For Not Paying Child Support


§  Mother has filed a motion for contempt against the Father for non-payment of child support.
§  Father has a court order to pay child support;
§  Father lost his job and has stopped paying child support;

Issue: What can the Father do to avoid going to jail for non-payment of child support?

Family Law Advice & Information:

§  In order to avoid a motion for contempt, the Father should have immediately filed with         the court a modification of child support as soon as he lost his job.

§   The modification lets the court know that the Father’s financial situation has changed and he is need of relief.

§   Now that the Mother has filed the motion for contempt, if the Father still does not have employment, the Father needs to show the court:
…that he has involuntarily lost his employment.
…that he has been diligently looking for work.
…that he is indeed unable to pay the court ordered child support.

§  The Father can also ask the court for a temporary reduction of child support while he is looking for work, if he is reasonably sure that his unemployment is temporary.

§   Again, if you are a Father who cannot pay child support because of unemployment reasons, you must let the court know immediately by way of a modification of child support in order to avoid any contempt motions in the future.

If you need further assistance or information, please feel free to contact me in the most convenient fashion for you.  Best Wishes!…

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