My husband is facing incarceration because of of back child support. The child has turned 18. Can he be incarcerated for the arrears. He's been partially employed and unemployed for the past few years. We've made some payments as the judge ordered, "just do something", but his ex wife thinks it's not enough and has petitioned the court to find him in contempt. Can he legally be incarcerated if he does not have the ability to pay? I only bring home $800 a month at this time.
2 Answers from Attorneys
He can't be incarcerated if he has honestly been paying as much as he can.
Unlikely he will go to jail, however make sure you pay something per month even if it is $50, make sure you pay something on a consistent basis.