In court, when a party violates and disobeys court orders, it is considered contempt of court but in case of child support, if someone fails to make the required payments, this results in contempt of court expense.
In order to ensure children are getting enough for their well-being it is considered necessary to enforce child support. People seeking to beat contempt of court for child support should remember that non-custodial parents can experience financial difficulties that lead to contempt of court charges.
For example, in the state of Illinois, while analyzing child-related matters, the law mandates a child support order but a parent can file contempt of court charges against the other parent if they fail to pay child support.
See also Steps on Can I Get Back Child Support From My Father
How To Beat Contempt Of Court For Child Support
The court takes serious actions regarding child support contempt of court and they have the power to imprison parents who do not pay the child support.
To make a compelling stance, it is critical to have a thorough grasp of the rules and legislation pertaining to child support contempt.
A charge of contempt of court for child support can be made against you if payments for child support are due. Penalties, fines, and even time in prison can result from this. However, there are certain steps you can follow regarding how to beat contempt of court for child support.
Hire Experienced Lawyer
It is necessary to hire a competent attorney in case of contempt of court charges because having an experienced professional comprehends your legal rights, examines your case, and respects your choices.
Other than that, they represent you in court and make sure to engage with the other party in a compelling way that can settle the problems through smooth negotiation.
Request Modification
Another solution regarding how to beat contempt of court for child support is through modification of child support order due to unfortunate circumstances, such as a medical emergency or loss of job.
You are required to file a motion with appropriate evidence and the child support order can be changed after the court’s approval under your current financial circumstances.
Keep Records of Payments
It is necessary to keep a record of all the payments in case you are paying child support, that includes receipts, bank statements, and cheque copies. These records are useful and act as a piece of strong evidence in court that you are making an effort to pay child support.
Document Finances
Another step necessary to beat contempt of court is to document your finances in case of financial hardships, for example, tax returns, bank statements, or pay stubs.
Additionally, you have to make a budget that details your earnings and expenses. This documentation assists you in demonstrating to the court that you are unable to make the required child support payments.
Avoid Debts
It is a crucial step to avoid any new debt if you are paying child support that includes, either car loans or credit card debt. If someone takes on a new debt, then it is difficult for them to pay the child support, thus it results in contempt of court charges.
Attend Hearings
Skipping a court date can make your situation harder and result in additional charges. As a result, be careful to show up for all of your planned hearings and behave appropriately at all times. You have to prove to the court that you are committed to making things right.
Also Check: Withholding A Child From Another Parent With Court Order
What is Paying the Purge?
You need to file a motion to reduce the child support obligation in case the court decides not to hold you in contempt of court for intentionally not paying child support on purpose, but you still owe the money.
This is an opportunity for your attorney to dismiss the accusation. You might inform the court that although you are aware you must pay child support, it needs to be modified.
But, you will remain in contempt if you are found in contempt of court unless the child support issue is resolved. This is called paying the purge.
If you are unable to pay the purge within the time limit set by the court, the court can order jail time until you pay the purge. Afterward, a warrant can be issued for your arrest if you are not present for court, and then law enforcement will take you into custody.
There is also a major penalty that comes along with not paying the child support which is contempt of court charges. However, there are options available if it occurs to you, but you’ll need a lawyer to advocate for you.
Consequences of Contempt of Court
Contempt-of-court penalties can include hefty fines, additional expenses, and even potential jail time.
You can be convicted of contempt of court and imprisoned if the court determines that you neglected a child support order while having the resources to do so at the time.
When a court sentences someone to jail for child support contempt, it often conditions that person’s release on their consent to start paying child support.
Conclusion
Child Support Contempt has serious consequences that come with strategies to avoid such messy situations in order to beat the charges. It is important to hire a professional attorney with the required experience that documents everything and help you in effective ways.
But, it is important to understand that child support is an important obligation that needs to be fulfilled. There are certain cases where you can avoid the support or charges such as having financial difficulties.
FAQ’s
Is it possible to modify child support orders?
Yes, it is possible if you file a motion in court along with compelling evidence. Other than that, you can consult a professional lawyer that can support your case.
What happens if a parent does not pay child support?
If a person is not paying child support intentionally then there are heavy charges that come with contempt of court charges.
Why should you hire a legal representative?
It is important to hire a competent and professional attorney because they help you understand the nature of the case and make you aware of your rights.
