Friday, December 28, 2012

CAN I BE PUT IN JAIL IF I AM BEHIND ON CHILD SUPPORT?

QUESTION: I was served with child support court papers. If I get behind on child support, what can happen to me? Could I be put in jail? ============================================== MY RESPONSE: You could be subject to a number of enforcement actions, including contempt, writ of execution against your wages or bank account, interception of your income tax refund, and suspension of any licenses that you may have (including driver's licences and professional licenses), if you are behind with your Child Support payments. If you are convicted of contempt, the possible penalties could include incarceration, although that is less likely in a first contempt conviction than in subsequent contempt convictions. If the reason you are in arrears on Child Support payments was that you lost your job, you may have a defense against contempt, but if you were collecting unemployment insurance payments, you should have paid something - so you could be convicted of contempt for failure to make at least partial payments while you were collecting unemployment insurance payments. Whether or not you have a defense to contempt, the arrearages continue to mount while you are not paying or fully paying your Child Support obligation in accordance with the Court's orders, and the arrears bear interest at the rate of 10% per annum. If you have lost your income or if your income has diminished, you are advised to quickly file an Order to Show Cause to modify your Child Support obligation, and you are admonished that the modification will not be retroactive, i.e., it won't affect the amount you already owe or the interest that has accrued and continues to accrue on that amount. ============================================== This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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