In terms of unpaid child support, when a parent is ordered by the court to pay child support and does not he can be held in contempt (which means put in jail) until he pays the back support owed. However, if the parent can demonstrate that he or she is unable (truely has no assets or income to comply with the child support order) to pay the support, the court can and will order a number of requirements for the parent not to be in contempt (not go to jail).
Here are some common situations:
1) You have a job, but it doesn't pay enough to pay the required support. If the salary you earn is the same as when the child support award was made, but your personal expenses have gone up, the court will require you to pay the support regardless. The court doesn't care if your expenses went up (unless it is related to self-employment, i.e., business expenses). The court's mindset is: If you spend more on other stuff, we don't care - get another job or two jobs, but pay the support or else. If this is your first violation of the child support order, you won't be held in contempt, but will be required to pay back support with interest on a court supervised payment plan.
2) If you have a job, but it doesn't pay as much as the job you had when the award was first made. So long as you changed jobs involuntarily (you were laid off, or fired for something out of your control), the court will usually adjust the child support to your new salary level (so long as its not already at the court minimum). If you changed jobs voluntarily, the court will consider that you are able to make the same amount of money, but choose not to. The award will stand and you may be held in contempt. Again, if this is you first violation, the court will generally allow you time and a payment schedule to make back payments.
3) You are unemployed, due to no fault of your own (you didn't quit your previous job voluntarily. The court will make you look for a job. The court will supervise your job search, make you show up at the unemployment office and show documentation that you have been "dilgently" looking for a job. If you fail to meet the requirements, you will be held in contempt and put in jail until a time you are willing to comply with the court mandidates. In the court's eyes, there is no point for you to be in jail (since you can't earn money to pay support in jail), so they would rather, to put it bluntly "ride your butt" until you can earn money to pay your supprt.
In short, the court will not put you in jail if you are truely unable to pay the support. But, the court will not make it easy for you. It may require you to get a job or even two. And if you don't do what they say, you will be put in jail (held in contempt) until a time you do comply.
2007-10-19 04:33:32
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answer #1
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answered by viscontc 2
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Yes they can put you in jail for failure to pay child support because it is a violation of the court order. However, realistically Arizona will not do so as long as you follow some basic cautions.
Keep the authorities (child support services) advised as to you financial status. If you are not working let them know and keep them advised of your status every 30 days or so. If you are compelled to look for work under a court order then do so and be honest about it. Your child support will continue to grow in arrears and you will be liable to pay the arrears and your current child support when you get back to work.
There is not much you can do to "hide" in that the federal government is actually controlling the state child support agency and they have the tools to find your work site and attach your wages.
While people think that child support is unfair and unjust the reality is the child is yours and we all have a legal, moral and ethical obligation to support our child/children. We brought them into the world and quite frankly it is not fair that we would ask someone else (welfare) to handle our obligation. I know that it is done everyday but to my mind that doesn't make much of a parent and I certainly wouldn't want to call the person who wants to evade their obligation a friend.
2007-10-19 04:15:20
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answer #2
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answered by malter 5
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They could but they probably won't. There are tons of people who owe back child support and putting them all in jail would overload the jails. Of course, it depends on how much you owe and what you mean by "broke." If you barely have enough to live on, it's unlikely a judge is going to put you in jail. If you are using all your money on unnecessary stuff for yourself and not paying your child suupport, it's a lot more likely that a judge would put you in jail. Most judges consider the facts before making a decision.
2007-10-19 02:40:35
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answer #3
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answered by CharChar 5
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feels like you extremely don't have a lot sympathy for the infant, that you're in basic terms frightened about your husband. It takes 2 human beings to deliver a baby into this international. i do not get it? Why do adult adult males imagine they could help create a baby with easily no idea about having the sex yet then in basic terms walk away questioning that he ought to no longer ought to pay a dime to help his personal infant? He will be broke. yet he indirectly manages to devour, dress himself and doubtless has a roof over his head. he's surviving by some skill. So why won't be able to he help his infant? possibly the mummy of the infant has some significant medical costs or funeral expenses and different costs that opt for to be paid on behalf of the infant. both pay up or stay in detention middle.
2016-10-21 10:06:24
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answer #4
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answered by Anonymous
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yes but men should ban together and stop unmarried women and the government from making this a crime. and this is for unmarried couples only---- a woman can get an abortion and the man has no legal say in it, it has happened to me. but if the man wants the abortion there is no legal or even moral action that he can take. Therefore if a couple is not married there should be a document where he can check yes or no to an abortion. If he checks yes then he should be relieved of all responsibility. this is common sense that most women will not have a clue to
2007-10-19 03:22:21
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answer #5
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answered by Anonymous
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They can but you would have to owe a lot and be making no effort to repay to get placed in jail. They can also:
1. Attach and/or seize your assets;
2. Garnish your wages;
3. Garnish your tax refunds or other rebates or assistance payments;
4. Suspend your driver's license.
I would think they would do these things prior to putting you in jail.
And for the record as everyone else keeps missing it....I get that it is not for you and will not insult you.
2007-10-19 04:13:26
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answer #6
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answered by elysialaw 6
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They will arrest you and then sentence you to work release to pay off the debt. Its the best solution for all involved. They will force you to work at any job you can find, You will have to hand over your paycheck to them, and they take your childs cut and their cut out and give you any thats left over. This shows the prison exactly how much you have. Since they provid food shelter and housing they feel you have no needs and will take all yourmoney at times. You will be allowed to leave jail, 2 hours b4 and after work, and thensleep in the jail.
2007-10-19 02:43:32
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answer #7
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answered by Anonymous
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Probably. The kids still have needs whether you have a job or not. Its not their problem or the ex's problem if you don't have a job. The judge will more than likely put you in jail on work release.
2007-10-19 02:40:44
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answer #8
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answered by Anonymous
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Yes, you'll either be placed in custody or you'll need to leave Arizona and will not be allowed back until the back child support is paid.
2007-10-19 02:37:52
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answer #9
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answered by Lenny L 3
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Yes. and also, they will force you to get a job so you can pay. When you have responsibilities, you need to be responsible "for your children" as they are your dependants and really shouldn't be looked at as a negative expenditure.
Get it together and get a decent job. Go to school like in a trade school geared to one certain trade so you can get educated quickly, and get a good job paying good wages.
Get off of this forum and go take care of your children.
EDIT: My apologies if this is not YOU you're referring to. Whomever the deadbeat is he needs to get off his lazy butt and get with the program and stop adding to the lack of responsibility for his own children!!
2007-10-19 02:44:53
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answer #10
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answered by Anonymous
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