Q: Can the court find you in contempt, and in jail if the dates that they’re finding you and contempt are incorrect?
My child is going to be 20 this year and they are trying to put me in jail for something that happened in 2021 on incorrect dates. Over back child support
A:
This question as worded is too vague to answer. The correct date may or may not be material to the contempt finding. For example, if the contempt order says you failed to timely make a child support payment of $1,000 due on January 2, 2023, but your child support payment was actually due on January 1, 2023, if you didn't pay that payment until January 10, 2023, the incorrect date is not material to the contempt finding because your payment wasn't timely whether it was actually due on Jan 1 or Jan 2.
On the other hand, f the contempt order says you failed to timely make a child support payment of $1,000 due on January 1, 2023, but your child support payment was actually due on January 2, 2023, and you actually made that payment on January 2, 2023, the incorrect date is material and is likely grounds to set aside that particular contempt finding because your payment was timely.
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