Get sent to jail for not paying child support? Ask a Lawyer - Ep-8
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- čas přidán 14. 09. 2022
- If you don't pay your child support, can you actually be put in jail? Are there punishments other than jail? Isn't child support a debt? Aren't debtors' prisons illegal?
Can you actually go to jail for not paying child support?
YES! Child Support is not classified as a “debt” so if you fail to pay the full amount of child support each month, then you can be found in Contempt.
Each month of missed payments is its own act of contempt. For each act of contempt, you can be punished with up to 180 days in jail and a $500 fine.
That means that if you miss 1 year’s worth of child support, then you can be sentenced to 6 years in jail and suffer a $6,000.00 fine.
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The court may enforce by contempt any provision of a temporary or final order.
The court retains jurisdiction to render a contempt order for failure to comply with the order of possession and access if the motion for enforcement is filed not later than the sixth month after the date the child becomes an adult; or on which the right of possession and access terminates under the order or by operation of law.
If the order imposes incarceration or a fine for criminal contempt, an enforcement order must contain findings identifying, setting out, or incorporating by reference the provisions of the order for which enforcement was requested and the date of each occasion when the respondent's failure to comply with the order was found to constitute criminal contempt.
If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant's reasonable attorney's fees and all court costs in addition to the arrearages. Fees and costs ordered under this subsection may be enforced by any means available for the enforcement of child support, including contempt.
Law enforcement officials shall treat a capias or arrest warrant ordered under this chapter in the same manner as an arrest warrant for a criminal offense and shall enter the capias or warrant in the computer records for outstanding warrants maintained by the local police, sheriff, and Department of Public Safety. The capias or warrant shall be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center.
If a respondent who has been personally served with notice to appear at a hearing does not appear at the designated time, place, and date to respond to a motion for enforcement of an existing court order, regardless of whether the motion is joined with other claims or remedies, the court may not hold the respondent in contempt but may, on proper proof, grant a default judgment for the relief sought and issue a capias for the arrest of the respondent.
--See Tex. Fam. Code Ch. 157
Sue attorneys that think like this. Firstly, they deprive you of your 4th, 5th, and 14 amendments in these title IV-D administrative court cases. Child support cases are unconstitutional and have been proven by Supreme Courts in several states. And whatever 1 state deems unconstitutional another state has no choice but to agree. If they, the judge, and attorney don’t accept it then they have acted outside of their oath. Which makes them liable to be sued. Even under color of law, you can sue the sheriff. The act upon Fraud of the Court. These attorneys are groomed to think like puppets.
lol
Please provide your citation to any case holding that the decisions of a state court are controlling upon another state.
@@MatthewHarrisLawPLLC all states have the same constitution, even if they are coded differently.
@@BigShaykh Incorrect. States have different constitutions.
@@MatthewHarrisLawPLLC it’s obvious you only know what your taught. Have a nice one.
@@BigShaykh No. I have never been taught any other state's constitutions, but I can read them. For example, Florida has a "Right to Work" clause in their Constitution, but California does not.
I'm happy to learn if you're willing to share knowledge.
Can you provide your citation to any case holding that the decisions of a state court are controlling upon another state?
How is it not considered a debt when the paperwork’s literally says debt and shows on your credit reports of DEBTS you owe 🤦🏾♂️
Well, there's a distinction between "debt" and "obligation." Child support is a moral obligation, enforced by the courts, to provide basic necessities for your children.
It shows on a Credit Report because that reveals the outstanding obligations that Creditors rely on when determining whether to extend Debt to you.
The real reason though? Child Support is not a debt because the Courts and Legislatures have determined that it is not a debt. If it is a debt, then they cannot force compliance with jail.
It is an obligation that created a debt. If someone says you owe money, then you’re in debt. Don’t allow these attorneys and or lawyers to trick you guys with fancy words!
@@sd4621 lol, I'm not the one who determined that child support payments are obligations and not debts. The lawmakers and Judges came up with that.
@@MatthewHarrisLawPLLCcan you show in the constitution moral law supporting the subsidies of title 4D..... since it was slippied into the social security act. as the Supreme Court had determined it is unconstitutional
@@MatthewHarrisLawPLLChey gay guy, it's none of your business how parents rear their offspring. Why don't you tell people the truth that the fake courts and fake judges don't even have subject matter, and territorial jurisdiction?
Meanwhile a woman can falsely claim a man is a father when he isn’t.
No penalty for them though
There absolutely should be. That should be a crime.
@@MatthewHarrisLawPLLCWhy are you posting this? Child support is not a debt? Then what is it? How does one pay child support? With parenting time? With love and affection? No. They pay with federal reserve notes. On every single federal reserve notes no matter the amount stated on it there is is clear verbiage “This is legal tender for all DEBTS public and private”. Make a video and explain that since child support is not a debt. Stop this non sense. Viewers can clearly see who’s side you’re on. This should be flagged. Seriously.
Y’all keep playing around if you want ✌🏾
What do you mean?
@@MatthewHarrisLawPLLC He means women are no longer worth this crap. "Juice ain't worth the squeeze." And society can keep suffering for it until something breaks or bends.
If its not classified as a debt why do they report you to debt collectors and ruin your credit for non payment
So what if the child support money is being misused in terms of the parent, the one who has custody of the child, is spending that money on themselves rather than the child? is that illegal, too? Is there jail time for that as well? A fine?
Believe it or not, there is no law dictating how child support money must be spent. They can use the child support money to buy Gucci bags if they want.
Appeal the case take it to higher court it gets reversed only admisinstative chikd support
As a man, we all need to step up and stop this bullshit. I’m tired of being afraid of going to jail because I can’t make a payment because I have all the payments I need to do I have other kids I need to take care of. I have my own family to take care of only because someone wants to stay home and not do anything and collect on the government because they’re lazy and don’t wanna do nothing. I have to do jail time that’s crazy bro plus they won’t even let me see my fucking kids I have to take them to court pay $5000 in court cost and pay her lawyer because she can’t afford her own lawyer because I’m asking for share custody. We need to step this up. We need to do something about this. This is messed up as a man.
Men need to stop having sex with people that they don’t plan on being with. Yes shit happens along the way but sometimes it’s normally due to “personalities clashing”
So if you get someone pregnant, then months later get someone else pregnant and then want to marry a 3rd person
You only have yourself to blame when you end up in prison
It’s irresponsible as hell
It’s like a little kid in preschool going from different play areas throwing everyone toys around and then become mad when they have to go to “timeout”
The reason I'm not having kids:
And attorney play along for the benefit of making more money off destroying a family and a child
Trust me, if parents simply paid their child support and I never had to fight another Enforcement case, then I would die happy. We don't take these cases because they make us a lot of money.
In fact, I just finished an Enforcement case TODAY where I wasn't fully paid my fees, which left me working for 50+ hours without pay.
Yeah its a scam from both the courts and the attorneys. Fuck both of them. Don't have kids.
Don’t get mad, take responsibility for ur actions. Stay a virgin or protect yourself. Simple. And in my situation don’t rape anyone - when a female says no even if you are already in the act or lovemaking u better stop because after the no it becomes non consensual!
@@MatthewHarrisLawPLLC - Lol. im a family lawyer (abogado) in Spain, and we try make every family case contentious for money! He's a liar!
@@TNT31414just stop it lady it takes to i don’t why your trying to for this false sense of reality that a woman has no say so as if these woman aren’t trying to put males in that situation constantly these evil whores are the ones whom are f…. Like bunny rabbits and using man’s natural biological function of reproduction to ensnare them into the court systems you speak on your high horse but god knows your heart think about that when you make sly remarks on situations you don’t know stop assuming you know every man an every situation this is unconstitutional an if it was happening to woman I can bet my life you wouldn’t be saying it these words this is an act of hate against man terrorism from courts and woman an the attorneys like one displayed right now being the voice of anarchy as he agrees with legal slavery
and yet debtors prison isnt supposed to exist.
Well, they get around that by classifying child support as a moral obligation and not as a debt.
@MatthewHarrisLawPLLC except child extortion, is not a morality issue. It's an issue of usury....
okay, what if i just do the 180 days?? Can they put you back in if you keep refusing, because I would just flat out refuse. No matter what.
Yes, for each month of missed payments, you can be sentenced to 180 days in jail. Each month is its own act of contempt. On top of that, you still owe the money when you get out of jail.
@@MatthewHarrisLawPLLC I hope i did the math right, so, if i missed ever single child support payment for 18 years, refusing to pay. They could lock me up for 106.5 years??
@@thesenuts603 Hypothetically, yes. Realistically? No.
@@MatthewHarrisLawPLLC Appreciate the answers, I've had that question on my mind for some time. :)
This is why many Australian dads just elect to give their psychotic wives and country the finger, take their kid and self-deport. They just leave, forever.
Who does the fine go to? The courts?
Correct. If a Fine is imposed, it goes to the Court. In all of my years though, I've never once seen a Judge impose a Fine on a parent because they would rather see that money go toward paying down the child support.
@@MatthewHarrisLawPLLCThats because the money also goes toward the judges pension right?
@@MatthewHarrisLawPLLCur f kkin lying beeitch...that sh1t goes to pay bonuses and pensions for all those working in the title 4d program...
This is too common in the State of Iowa. As a former Corrections Officer I have seen a handful of people that were arrested and sentenced to 30 days for this.
One guy I remember looked like a working man who lost his job and could not make the payments. I felt bad for him and hope he is alright.
Inverse, there was a woman who kept bad mouthing her ex-husband and her children. She was more in a position that she would not pay (could not either). Needless to say, I did not feel bad for her too much.
Those are terrible circumstances! In Texas, there are defenses to prevent going to jail if the parent legitimately cannot pay.
Or you could just not have kids at all and do you lol 😂. Its surprising how many people chose to have multiple children they can't really afford to have and end up with no plan B when the relationship goes down the toilet. I've seen alot of unfortunate cases myself and it sucks. Tough world we live in today.
@@scentlessapprentice88 Now - try explaining this to 99% of males who can't keep it in their pants. I don't think it's that simple.
I know alot of ppl in iowa that dont pay and they arent in jail.
Women have ALL the say when it comes to a child. Not Men.
A woman doesn't want a kid....ok abortion or adoption. Is they then forced to pay child support to the father who wanted the kid?..... nope.
The system favors women. Period.
What court has authority to take you to jail when it's a voluntary service? Where the terms and services disclosed when the mom put the dad on support? Sounds like due process violation to me....
Well, the legislature has set out laws that allow the Judge to require people to comply with their orders. Due process just means the right to Notice of the complaint against you, and the right to be heard on that complaint.
Child support isn't voluntary once a Court has entered an order for a parent to pay. At that point, it becomes compulsory.
You can only go to jail if you allow them. Challenge the order 9x out 10 it was signed by a non judicial judge as well as the summons signed by a deputy clerk. Child support is a contract. The obligee is the creditor. The obligor is the presumed debtor. Request proof of the signed agreement between you and child support most of the time they can't produce it
It’s funny I’m reading the comments and a lot of men on here bashing the lawyer or saying send the mail back. I have not seen one man say let’s not have sex without a condom or wait until u find ur wife, etc. Just a bunch of men that did what they wanted and now don’t want to support the child. Now if a woman had a baby and just wanted to be evil then that’s a different story. How about men say something positive such as this happened to me so please protect urself and wear a condom or abstain or don’t even start 🤷🏾♀️🤷🏾♀️🤷🏾♀️.
Ladies close ya legs and buy ur own condoms. Don’t have sex or abstain. If they take it off then stop and leave. Always make sure u have money on u before meeting someone. Having a baby when ur not mentally ready is not a good feeling. I planned for my daughter so I was ready but I did not plan for my son I said stop and he kept going…rape. I love both of my kids but the mental anguish of having a child when u aren’t ready is not a good thing. Babies don’t equal money. Get out of that mind set.
That being said there are many wolves in sheep’s clothing, both males and females. Be careful everyone!
Fantastic advice. It takes two to Tango, but sometimes it seems easier to play the Blame Game. Personal responsibility needs to make a comeback.
I take time to explain to clients that children are not pawns and shouldn't be used to get money. In Texas, a parent can get custody and STILL end up paying child support, so it stops some people from fighting for custody simply to avoid paying.
@Deadbeat fathers are garbage seriously, get help.
i know that growing up without a father hurts, but it doesnt have to torment you for the rest of your life.
theres nothing you can find in bitterness and hate that is worthwhile. please consider it for your own sake.
Lol you're ignorant.
Why don't women choose better men to have babies with? It is literally THEIR decision to make a baby or not..
I believe u mistakenly assume that marriage and planning for a child somehow protects men from this BS. Well I can tell u from personal experience that it does not.
It's not that men can't support the child It's that women exploit the system
I'm a woman who pays. My son was in state custody (w/paternal grandmother)
Its a long story, but they illegally took my son. He was almost 4.
I then got into a very abusive relationship (not with the fatber, but he beat my ass too), and after he tried to kill me, I packed my life in 2 suitcases and flew to AL from OR.
I did this while he was in jail.
The landlord let me break my lease and off I went. I was there 6 yrs. longer that I planned. I went through hell, but made it back in 2015.
There was a custody case I was never aware of. My ex and his mom said they had no idea where I was. No way to contact me.
A court clerk told me this, and other info. as she was reading some document.She sd she wasn't supposed to. I talked to her after calling many numbers. That's how I found out he had custody.
I started calling because I wanted to talk to my son! I was given soo many excuses...he's with his aunt, he's this and that.
I talked to my son every Sun.He sent me pictures that he drew, etc. She sent me copies of report cards. I hadn't moved or changed my number.
They knew exactly how to get ahold of me. I was broken.
I was making min. wage $7.25 then garnished 50%. No car, walked over a mile to a bus stop, just to get to work. I lived outside of the bus line.
My son is now 19, and I have $1800.00 and some change in arrears. The Enforcer has been threatening legal action and has sent several hostile emails. I'm having medical problems, already did the letter from doctor, all that, but I literally cant pay. 3rd surgery in July coming up since Oct.
50% of my paycheck for16 yrs. and of course all tax returns and 1st stimulus garnished. Fine whatever.
Now he's threatening legal action. I finally got my own apartment 3yrs. ago. I am 50 yrs. old and I have no life. I'm so stressed out about this I fell asleep standing up the other night. lol. I was eating a snack and smacked my face into the kitchen cupboard in front of me. I thought I broke my nose, wierd.
Anyway, I would be homeless if I went to jail. Shelters can be scary and I'm at the point that I almost cant do this anymore. I have nothing left in me.
I love my son so much and we do have a relationship, there are so many things I let myself get screwed on. I was f-ed over more ways than one. I'm just ready for comes next after this life.
Sorry for the long post, I've never written anything public about this before.
That is so heartbreaking to hear! I am so sorry that you're going through this, but I appreciate you sharing. I don't know what state you're in, but in Texas you can't enforce by jail if the person is unable to pay. Inability to pay is an affirmative defense to prosecution.
@@MatthewHarrisLawPLLC I'm in Oregon
I lived like a dog for more than twenty years because of child support.
No, these people do not know the meaning of the world reasonable. I finally paid of this. " Extortion" back in 2015. I remember the day.I got the letter the extortion stopped. I felt like a man set free. You'll get there, you'll be free of this curse.
@@robertstevens913 Thank you, your words are encouraging. I can't wait to get this last bit paid off. It's disgusting how they treat people.
@@MatthewHarrisLawPLLC I've done every kind of search possible, to find that out.
As far as I can see, they can put me in jail. I am trying to find out, at what point do they do so?
Looks like they can if you're late 30 day's on a payment? Idk, I can't wait until it's paid in full! Thank you
Legal slavery.
Supporting your child is slavery?
That makes absolutely no fucking sense so how are you supposed to pay child support if he’s in fucking jail
I'm on child support.. living with my kids and their mother and I'm still on child support any lawyer recommendations ?
That is so stupid I hate everyone in the government and law
6 years in jail for one year of none payment wtf!! Now even a burglar or murder gets that much time 🤦🏻♂️
You should only go to jail for non payment of child support if the parents who have custody and deny access to the children go to jail too. I’m sick of women (and rarely men) using kids as pawns and denying lawful access.
AMEN! I've seen parents go to jail for denial of possession for contempt. However, I've never once seen a parent prosecuted for interference with child custody under the criminal statutes. THAT law needs to be enforced by police and DAs. We even did a video on that topic! czcams.com/video/-u86LARr-sI/video.html
Some men don't want anything to do with their children.
This is why I tell men to remain celibate.
@@winning3329 just because some men(and women btw) are useless a..holes doesn’t mean the courts should just let parents mess about with access.
First of all you need a warrant to seize anyone's property...js
@@winning3329 Do what the blacks do, dont give a fuck, and run away.
This guy knows less than the turd I just dropped. Title 4D is classified as a Contract and your only obligated to do whatever you have agreed in the CONTRACT to do.
Child support is bs. Women csn choose to get to escape being a mother by getting abortions but men can't decide they don't want to be a father because they must pay child support
U can sign your right away if u don't want to be a parent
@@lisalust7725 child support still exists
@Lusde You reap what you sow in this life. So you better be careful about sowing those oats. Nobody forced you to have sex my child.
@@LukeRoxALot so using your logic women can’t get abortions because they didn’t need to have sex therefore it’s true own fault they got pregnancy
How many payments do you have to miss before they put you in jail
Technically, failure to pay 1 month of child support is sufficient. However, I've never once seen an enforcement filed for just 1 month of missed payments. It usually comes about after multiple months of missed payments.
Well I have one thing to say about this. The legal system is a joke and if Im ever forced to oay child support for a child Im taking care of.....catch me if you can.
What happens if he had another child just to stop payments. Since he was born, he’s focused only on the new child. Can the judge lower those arrears if I take him to court?
God bless America
Here in Brazil the mother can sue the father, on the behalf of her child, demanding the last 3 months of unpaid child support and the new unpaid debts since then. If the father doesn't pay all the money he should, or at least give the judge a (reasonable) justification for not doing so, he can get from 30 to 90 days of jail time. After 90 days he needs to be set free, but if his debts remain, the mother has the option to plead the judge the suspension of his driver license, as well as his passport, decree his bankrupcy and block his banking accounts.
I very graceful live in Asia Amen.
Yeah? Where at? Is it because there are no child support laws there?
Malaysia law i Don't much about law i think both parents have pay child support .
"PREACH" !
Matthew, in Texas, you can go to jail for not paying child support for a child that isn't yours.
What do you mean?
Yea if you signed the bc or adopted that child or if you was severed for a dna test for child support and dont respond
I’m sorry,but child support, unfortunately is simply court assisted vengeance.
Liar snake paid off bar association
Huh?
Until…
Damn you really don't want to get people to have kids anymore.😂😂
Women should not receive welfare. If you can’t pay for your own kid then go to jail just like the dad for not paying to support your own child.
Im going on 30 years 🎉🎉🎉
Your not obligated to pay the social security administrations debt no contract no debt.your not obligated to accept the obligors mail send it back to the ssa or child support.
I haven't researched the law on payment of Social Security, but you definitely have to pay child support.
@@MatthewHarrisLawPLLC you do not have to be the guarantor for the debt they owe never walk in to the child extortion hearing the lien is on the ssn not you dont pay there debt.it says so on the back of the card its not your property its the property of the ssa you didnt borrow debt dont pay it people
@@zacharyherrington8829 How do you figure? Can you please point me to any case law upholding those positions?
@@MatthewHarrisLawPLLC www.ssa.gov/OP_Home/cfr20/422/422-0103.htm
@@zacharyherrington8829 I must be missing something. I didn't see anything on there that referencing how the child support is a lien obligated to a SSN and not the person.
Moral obligation there is nothing moral about the government or the state besides extorting people who actually work
I get it. It sucks, but these laws were only put into place after enough parents left their kids and the other parent high and dry.
@@MatthewHarrisLawPLLC
Yeah I get you all we can do is find ways to earn more play the money game better and make better choices . Your response to questions are very professional . I’m trying to get there as well . I appreciate the response sir thank you .
What if your signature was Forged
Forged on what document?
@@MatthewHarrisLawPLLC I was told that I didn't make it in time to take the DNA Test I live in Memphis but they came in served me some documents that came from west Memphis Arkansas she had the baby in Memphis TN but Arkansas forged my signature and put my name down to be on child support so now I have to make monthly payments
My ex owes 20,000 and has not paid in 2 years, his arrears was much higher but I helped him and went to suspend the support to help him out because he said cut his hours to go to barber school. The agreement was once he find a full time job the payments will start again. Of course he went and quiet his job all the way and disappeared a week later. Didn’t hear from him on a few years but when did he came back bringing hell so I put him back on it and he he was forced to get a job and did it for 2 years but quit again and hasn’t paid now in 3 years but the system is not after him at all so I’m not sure of how true this is. He constantly files to have the support suspended, they just put him on a work program and for over this past year he just lied and says he can’t work because of covid lol but he is also now suing for 50/50 custody and tell them he his employed lol the system is for bums so if you are a good father and fell behind ok child support you will pay but if you are a bum and a dead beat you have nothing to worry about, at least in Pa.
but do you mean jail or prison?
Jail.
What happens if you lose your job and cannot pay? You screwed?
This guy is a scam dont be scard learn your rights
Not in Florida
Yes in Florida. Willful nonpayment of child support in Florida can land you 5 months and 29 days in jail for Contempt.
Yep. In Florida they don't go to the jail
My dad and mom are divorced and my dad won’t pay child support my mom is taking care of 3 dogs and 3 kids and my mom doesn’t. Want to take to jail idk why but my dad is rude to her
I’ll do the 6 years. In jail I get 3 meals a day, roof over my head. Don’t have to worry about bills. And it’s nice and cold.
What if you die then who’s pay bucko?
That's another good question! If you die, then your child support obligation remains an obligation of your estate.
not very funny story ,the MI friend of the court collected child support from me for 7 yrs after they were supposed to stop as i had signed off parental rights and the child had been adopted ,not only did they take money right out of my check the entire time to the tune of $1100 a month ,when i lost my job because i couldnt afford rent and my car insurance lapsed my car got impounded leading over 2 yrs of struggling ,homelessness and 3 trips to jail for failure to pay child support i should not even be paying in the first place ,i eventually got much of my money back but i also bought my lawyer a new Jag in the process ,im not the only one ,i could tell horror stories all day about the way family courts and the friend of the court treat dads
But is not the reality
What do you mean?
lies
Where's the lie?
YES!!! Lock that ass up, court ordered to pay and you failed to do so but yet you have the funds GO TO JAIL!!!
Maybe close your legs
31 USC 3720d
Ah, the US Code for payment of nontax debt to the US Government.
Child Support is neither a debt, or paid to the government. Also, I searched that code for any exceptions, and there is no reference to child support withholdings.
@@MatthewHarrisLawPLLC 0nes again 31 USC3720D child suport is executive branch
@@MatthewHarrisLawPLLC your a ivd contractor
@@zacharyherrington8829 Definitely not a Title IV-D contractor. lol. The government doesn't pay private attorneys to enforce child support.
@@MatthewHarrisLawPLLC clown worst attorney in existence
never accept their MAIL!!! Write return to sender drop it off at the post office. There’s no law in this country that says you have to accept mail and you don’t have to be served if you don’t want to be served send it back!!! They cannot default you if it is returned!
Whose mail are you refusing? The Court's? After you've been personally served, if you don't file an answer, then you're at risk of a default judgment.
If you do file an answer, then you're required to provide an address for notice of future hearings. If you refuse to accept the mail that contains the notice of the hearing, and you don't show up, then you'll be stuck with whatever decision the Court makes about your case.
@@MatthewHarrisLawPLLC correct happened to my kids father…. Now we are going to court for a violation to pay order.🤷🏾♀️ 2yrs nothing not 1 Penny for his son whom he kidnapped because I was a “bad” Mother.
@@MatthewHarrisLawPLLC file an objection challenging personal jurisdiction and you do not have to physically show up. If they move forward and do not on record prove Jurisdiction and make a decision, go directly to federal court and seek relief there. This is a program created by attorneys for attorneys See Section 466f and Section 8-5 of the federal manual of child support. OCSE is contracted with the American bar association. Clear conflict of interest.
Guess what, if your in jail, they are still not getting that child support ...... so dumb
That is true, but not to worry because those payments will still be owed once out of jail.