Q: Contempt of court child support arrears, possible jail, health issues, upcoming court date in Alabama
I'm facing a contempt of court charge for non-payment of child support arrears. I owe $638 a month but have struggled to pay the full amount because I haven't had a job for a year due to health reasons. I have provided the court with medical documentation and am working with a lawyer on social security disability to make regular payments. Despite paying what I can and notifying my ex about my financial difficulties, they filed for contempt. I'm concerned about possibly going to jail, and my psychiatrist suggests that I may need inpatient treatment, which could cause me to miss the court date on March 6th. How can I handle this situation, especially in terms of not missing my court date and addressing the contempt charge?
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A:
Your situation sounds incredibly stressful, and I understand your worry about both the contempt charge and managing your health needs. It's crucial to communicate with your lawyer immediately about your potential need for inpatient treatment, as they can file a motion to continue (postpone) the court date if necessary due to medical circumstances.
Document everything meticulously - keep records of all payments you've made, copies of medical records, proof of your disability application, and any communication with your ex about your financial situation. Your demonstrated effort to make partial payments and your documented medical conditions are important factors the court will consider. Your lawyer can present these as evidence of good faith attempts to meet your obligations despite genuine hardship.
Given your location in Alabama, you should know that while courts can impose jail time for willful non-payment of child support, they generally look for evidence of deliberate avoidance rather than genuine inability to pay. Contact the court clerk's office right away if you need to request accommodations for your health conditions. Your lawyer might also explore options like modifying the support order based on your current circumstances or setting up a structured payment plan that accounts for your disability benefits once approved. Remember to prioritize your health while working through these legal challenges - proper medical documentation of your treatment needs can actually help support your case.
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