Car Accidents in Tennessee | What You Need to Know
Child support is not optional. When ordered by the court, it is a legal obligation and can be enforced through various actions. Falling behind on payments can be stressful for both the parent who owes support and the parent who expects to receive those payments. You may be wondering what the consequences will be if you don’t pay child support, like whether you will be fined or even end up in jail. For more information and to secure skilled legal representation during your case, read on and speak with a skilled Memphis criminal defense attorney today.
Yes, if you do not pay child support in Tennessee, it is possible that you will serve time in jail. If a judge finds that you willfully disobeyed a valid support order, meaning that you could pay but chose not to, you can be held in contempt.
The potential penalties for failure to comply with a child support order are outlined in Tennessee Code § 36-5-104, which states that “Any person, ordered to provide support and maintenance for a minor child or children, who fails to comply with the order or decree, may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six (6) months.”
Judges generally try to use less restrictive enforcement tools first, but jail time is a viable option for parents who continue to disobey the court order and refuse to cooperate despite their ability to pay.
Courts do not generally impose jail time on parents who miss payments. Imprisonment is usually a last resort. Instead, the Child Support Program will use a variety of enforcement actions in an effort to secure money to give the custodial parent through “involuntary payment.” Some ways that overdue support can be taken directly from the non-custodial parent include:
If a non-custodial parent willfully does not comply with the child support order, the above enforcement actions can be used. However, if they are unsuccessful or certain circumstances warrant it, the court can charge them with contempt and sentence them to a term of imprisonment.
You can be guilty of contempt if you could pay child support but choose not to. But what about if you can’t afford it? It’s important to keep in mind that you are legally required to abide by your child support order, regardless of your personal circumstances, so it is never a good idea to cease payments on your own.
However, if your life has drastically changed (like you lost your job, became sick, or developed a disability), and you can no longer afford to make child support payments, you can file a petition to modify the order. Depending on the evidence presented, the court could temporarily or permanently reduce the amount you owe. However, any overdue payments will still be required in full.
For more information, contact an experienced lawyer today.
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