Houston, TX asked in Child Support, Family Law and Child Custody for Tennessee

Q: What are the odds I go to jail if behind on child support payments only 3 months?

I became behind on child support payments three months ago. I now have a court date for the matter. The mother of my child stated that she has to be there to except the money I have on me otherwise I will go to jail. At first she was going to be there but now is not going to come. Will our go to jail? Does she have to be in court?

2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Going to jail does NOT depend on whether she shows up for court. It depends on your income for the time period in question. You do not give any figures on your income during the time period in question, but if you had income and you didn't pay ANY support during that time, you better bring your toothbrush because you are going to jail (if I was the judge).

yes, most judges are reluctant to put someone in jail for non-payment, but since there is no support being paid, you leave them no choice. i suggest you pay all you can afford asap to avoid the contempt sanctions.

Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: The decision about jail time is NOT the child's mother, that decision is for the Judge. If the mother doesn't come to the court hearing, her lawyer ( or the States' child support lawyer) may ask for the case to be re-scheduled. She doesn't not have to be there to accept the money- you can pay it to the court clerk or the child support office. It may be that you should NOT pay her directly ( if she is getting food stamps or other state assistance, you MUST pay the money to the child support office in order to get credit for the payment). If you are requires to pay the State, any money you give her won't count, its' considered a "gift". The issue of jail depends on whether you are guilty of "willful contempt" so if you have a good reason why you didn't pay ( and really the only good reason is you had NO income) then you are not guilty of contempt. You are entitled to an appointed lawyer if there is real danger of jail. Tell the Judge you need a lawyer if you can't hire one.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.