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Going to Jail for Child Support

If a man has his income taxes taken for not paying child support and he also can't open a bank account because they will put a hold on it for child support, then why isn't he in jail or at least have a warrant out for him???

I mean, this guy has NEVER paid a cent in CS (the kids are 13 & 8) except what has been taken from his taxes. At what point do they go to jail? And also, wouldn't this guy HAVE to have had an order to pay from the court if they are trying to take his money all these different ways?


Asked by Anonymous at 10:10 PM on Sep. 4, 2009 in Money & Work

This question is closed.
Answers (7)
  • I really depends on your state. I know of at least three different states that really won't go after child support unless the mother is getting some type of assistance. It's not fair but there really isn't anything in it for child support enforcement unless someone is taking from the system.


    Answer by legalmommy101 at 10:16 PM on Sep. 4, 2009

  • Is Alabama one of them?  -OP


    Answer by Anonymous at 10:21 PM on Sep. 4, 2009

  • You can probably look that up to see if your state is included in that. I know NC and SC are ones that if you ask for Medicaid or anything like that you have to show who supports the child if their father is not present. As far as a warrant or jail time if they have never been ruled into court they would not have either.

    Answer by treynlisa at 10:27 PM on Sep. 4, 2009

  • Since it is YOU that he owes and not the state, they are less likely to go after him. If you really want something done about have to bug the crap out of the child support office, call them all the time, go there if you can....complain, complain, complain!

    Answer by robinann5 at 10:28 PM on Sep. 4, 2009

  • Unfortunately, yes. If you would like some help, shoot me an email and I can point you in the right direction if you really want something done about this.


    Answer by legalmommy101 at 10:29 PM on Sep. 4, 2009

  • I was told that they only really threaten to put the ones in jail who are most likely to pay. It's a messed up system. Can you go to court and get the judge to make it where they automatically take childsupport out of his check? Call your child support case worker become best friends with him/her they will be the one who can really answer these questions.

    Answer by candycane337 at 11:15 PM on Sep. 4, 2009

  • If the support is court ordered the state/child support enforcement should have attached his wages, which means they would take money out of his check via his employer before he ever gets it.

    If his wages don't cover the support (say he's a server in a restaurant), he could be hauled into court every few months for being in contempt. Usually the Judge will then set a "purge" amount, an amount to be paid by the non custodial parent within a certain number of days, if the amount is not paid they will put a warrant out for his arrest.

    Now I don't know if they do Contempt Of Court/Purge thing in all states, but they do it in Florida. I also don't know if it has to be initiated by the mother or if the Child Support Enforcement office does it automatically on their own. You should probably contact the Child Support Enforcement Office.

    Answer by Anonymous at 11:29 PM on Sep. 4, 2009