Falling behind on child support payments can create a stressful and overwhelming situation for both the parent who is accumulating debt and the parent who stops receiving support. In Pennsylvania, child support laws are strict, and courts take enforcement seriously to ensure that children receive the financial support they need and deserve from both parents. If you’re wondering whether jail time is a potential consequence of not paying child support, continue reading and work with a York County, PA criminal defense attorney for more information today.
Can I Go to Jail for Not Paying Child Support in PA?
Yes, it is possible for you to face jail time for not paying child support in Pennsylvania. Child support orders are issued by the court and are therefore legally binding and enforceable. Failing to comply with a court order can result in charges for contempt.
§ 4345 of the Pennsylvania Consolidated Statutes outlines the offense of contempt for noncompliance with a support order. The law states that “A person who willfully fails to comply with any order under this chapter, except an order subject to section 4344 (relating to contempt for failure of obligor to appear), may, as prescribed by general rule, be adjudged in contempt.”
In Pennsylvania, this contempt charge is punishable by several consequences, including a term of probation, fines of up to $1,000, and imprisonment for up to 6 months. It’s important to note that this is a civil charge, not a criminal one. Civil contempt is designed to compel you to comply with the court order. Even if you are charged with contempt, you are often given an opportunity to pay a lump sum toward your arrears before you will actually be required to serve time.
What Other Enforcement Actions Can Be Used?
Sentencing a parent to a term of imprisonment is rare in cases of missing child support payments. That is an extreme solution, and courts prefer to use other forms of enforcement before resorting to jail.
Some more common penalties that can be used to enforce child support orders include the following.
- Wage garnishment
- Driver’s license suspension
- Freezing bank accounts
- Intercepting tax refunds
These are more realistic forms of enforcement that are generally tried before the court will charge a parent with contempt.
What if I Can’t Afford Payments?
If your financial situation changes and you can no longer afford to pay child support, you can petition the court for a modification. If you can provide ample evidence demonstrating your change of circumstances (like if you lost your job, became ill, or developed a disability), the court may approve a change and reduce your child support obligation.
However, it’s important to note that you will still be required to pay any arrears in full. If you can no longer afford to pay child support, do not stop making payments on your own, as you will accumulate debt and potentially face legal consequences. Instead, consult with a skilled attorney to file a petition as soon as possible.
