I am in the middle of a court case against my ex for back child support. Our hearing is in 2 months. He owes around 1200 and has not paid in over 6 months. Since the judge told him he is facing jail time he has been paying over 4x the amount in the order. Can he not get in trouble if now all the sudden he is paying?
1 Answer from Attorneys
Whenever a party obligated to pays child support fails to do so, they can be incarcerated by a Family Court judge if the non-payment is found to be "willful." This being said, as a practical matter, if the amount owed is little, or there are consistent payments being made, generally a judge will be reluctant to have the delinquent party incarcerated, because he/she is worth more out, paying the support they are paying, than in jail, where they cannot work and possibly lose their job and no longer be able to pay any support.