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Contempt Failure To Pay Child Support

May 10, 2016 by  
Filed under Uncategorized

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A parent can be incarcerated for civil contempt as a coercive sanction if they do not pay court ordered child support

Where a parent fails to pay court ordered child support the other parent or Department of State, Child Support Enforcement Program can seek to have them held in contempt of court.  To establish a parent is in contempt for the non-payment of child support it is necessary to establish the wilful violation of the court’s child support order.  ie. that a parent presently has the money to pay the court ordered child support, but instead chose not to comply with the court ordered child support obligation.

An order of contempt must be in writing and contain findings of fact that a prior order requiring payment of child support was entered; that the parent failed to pay the child support as ordered; that the parent had the ability to pay; and that the parent willfully failed to pay the child support.  The burden is on the party seeking a finding of contempt to establish the willful violation of the court’s order by clear and convincing evidence.

An order must specify the amount to be paid and the manner of payment.  If an order imposes incarceration or another coercive sanction it must specify how the parent can purge themselves of the sanction.  If a parent still fails to comply the movant must file an affidavit of of non-compliance and the the court can then issue a writ of bodily attachment for the arrest of the non-compliant party so that they can be brought before the court within 48 hours for a hearing on whether they have the present ability to pay and if so what sanctions the court will impose.

 

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