When a child support order is issued by the court, you are legally on the hook for fulfilling the terms. Failing to do so can lead to significant legal consequences. Falling behind on child support payments can be overwhelming, whether you can’t afford to pay or are simply refusing to. Continue reading to discover whether you can be sentenced to jail if you don’t pay child support in New Jersey, and work with a skilled Mercer County criminal defense lawyer for knowledgeable representation during your case.
What is Child Support?
Child support is a financial obligation that a parent owes to their child when they separate or divorce from the child’s other parent. It is money one parent pays to the other to help cover the child’s expenses, like housing, clothing, food, education, medical care, and more. When custody arrangements are created, one parent is generally deemed the custodial parent and the other the non-custodial parent. These terms refer to the parent who has custody of the child the majority of the time and the parent who spends less time with the child, respectively.
It is presumed that the parent who spends the most time with the child contributes more financially to their growth and development, especially when considering the costs of keeping a roof over the child’s head and feeding and clothing them every day.
Child support ensures that both parents financially contribute to the child’s needs. It is important to understand that child support belongs to the child. Its purpose is to be spent on the child’s needs and not go toward the parent receiving the money.
Will I Go to Jail if I Don’t Pay Child Support in NJ?
Yes, if you don’t pay child support in New Jersey, jail time is a real possibility. However, it’s important to note that a term of imprisonment is not the first solution a court will turn to.
Before imposing jail time, judges may use other enforcement tools like wage garnishment, bank levies, tax refund seizures, or license suspensions. However, if you are found in contempt of court for disobeying the child support order, you could be sentenced to jail.
What if I Can’t Afford My Child Support Payments?
If you are not making child support payments because you can’t afford to, it is crucial that you understand your rights and options. Stopping payments without notice is never a good idea and can land you in legal trouble.
Instead, you can file a motion with the court to modify your child support order. Provide evidence that your circumstances have changed and you can no longer afford the amount of child support. This could include proof that you have lost your job, medical records showing an illness or disability, etc. A court may grant a temporary or permanent reduction in child support to allow you to adjust to your new situation.
It is important to note that you will still owe the overdue payments even if your child support order is modified, so it is always best to act quickly when circumstances change. Reach out to a skilled attorney for more information today.
