QUESTION
Question with detail under ''MORE DETAILS" section
Asked on Jan 12th, 2012 on Family Law - Virginia
More details to this question:
My ex and I split up in August. We were suppose to go to court for child support in October, but her lawyer continued it until the end of November. The judge told me to begin paying in December. When I went to the Child Support Enforcement Agency to pay my first payment, the employee had told me that she had appealed the judge''s decision and it would be best if i did not pay until we went back to court. Now I am concerned that I could end up in jail or in trouble because I already had back child support from the day she filed (or I left-however that works) and then now to add onto that, child support from the court date child support was determined in November till now. I know you can go to jail if you get too far behind, but I wondering if it is from the time the judge makes his decision or does it go from the day I left?
1 ANSWER
Majessire Smith
It is true that failure to pay child support is similar to a criminal charge in the sense that it does carry up to twelve months of jail time (the same as a misdemeanor in the Commonwealth of Virginia). However, several things have to happen first. First, there has to be a final order for support in a specified amount. Which it sounds like there is in your case although that order has been appealed. But there also has to be a show cause filed against you by either the department of child support enforcement or the custodial parent. This is a motion filed with the court which requires you to present yourself to the court and "show cause" why you should not be imprisoned for failure to pay your court ordered support. If this motion is filed and set for a hearing, then you may have to worry about the possibility of jail time on that hearing date. But you will not be imprisoned for failure to pay support during a hearing on an appeal of the amount of support. Of course, the best way to avoid this is to pay your support. I would advise that you go back to the department of child support enforcement and insist that they accept your payment. Besides the threat of jail time, it is not in your best interest or your children's best interest for you to fall behind in support.
Answered on Jan 13th, 2012 at 4:33 PM