Child Support and Unemployment

By Schonauer Law on Aug 31, 2016 at 04:12 AM in Legal Questions

Q: I've been divorce for 5 years and have been paying child support since. I was layoff from my job three months ago, I still pay child support until now. But I'll soon run out of my saving for rent and child support. Am still looking for a job. Will I be put in jail if I don't have money to pay child support? This jail record if exist will make it harder for me to find a job, please help.

A: Nonpayment of child support may lead to contempt. A defense for contempt is impossibility, meaning you cannot follow the court’s order. In the worst case scenario, you may have to demonstrate to a judge you did not have the funds to pay the support. It would be silly for your ex to file for contempt under your situation. For comfort sake, most judge find it very counterproductive to jail a person who needs to work to comply with the order.