QUESTION
Can a pregnant woman be locked up for nonpayment of child support?
Asked on Apr 03rd, 2014 on Child Custody - Rhode Island
More details to this question:
My daughter has been ordered to pay child support and became pregnant, and now she cannot work and is not able to pay child support. She had been paying child support up until she could not work.
7 ANSWERS
She needs to file a motion for modification of support.
Answered on Apr 07th, 2014 at 10:58 AM
Bruce Provda
If she has lost a job she should make a petition to modify the child support until she is employed again. The court would take the pregnancy into account.
Answered on Apr 03rd, 2014 at 6:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your daughter's problem is that she must either comply with the court's order, or seek to have it modified. If she does not have an modified it will continue to accrue and eventually, if the arrearages sufficient, she could potentially be found in contempt of court and jailed.
Answered on Apr 03rd, 2014 at 6:48 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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What is she living on now? Her child needs to eat whether or not the mother is pregnant. Hence child support will not go away. It is unlikely that she would be put in jail at this point, but if she doesn't start to pay after the new baby is born, she well could be.
Answered on Apr 03rd, 2014 at 6:48 PM
She needs to motion the court to suspend her child support or it will continue to add up during the nonpayment months.
Answered on Apr 03rd, 2014 at 6:48 PM
2 Awards
Your daughter should file a petition to modify/temporary abate child support due to unemployment right away. I urge your daughter to consult with a family law attorney for further guidance as to all of her options and for assistance with properly submitting the modification documents for the Court's consideration.
Answered on Apr 03rd, 2014 at 6:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the ex brings her in on a motion for contempt, it is likely that the court will say it isn't contempt because she could not work. Possibly not, but likely.
Answered on Apr 03rd, 2014 at 6:48 PM