There is a child support case that is over $13,000 behind on support. The obligor’s license is already suspended prior to the hearing. The custodial parent is asking that further enforcement be pursued and would like the obligor jailed. He hasn’t made payments in two years and she has photos of the obligor working. An income assignment has been sent and no response back from the employer or they claim he doesn’t work there. What is the next step? Can he be put in jail?
This case may qualify for an indirect of contempt of court action. Please screen the case by following the CSQuest article Should the Office File a Contempt Action? and see if it qualifies for an indirect of contempt of court action. Consult with your State’s Attorney, who will determine if the case qualifies for a contempt action. The only other enforcement remedy that may result in jail time is criminal failure to provide action. The district attorney determines whether to proceed with this remedy. Actions that result in jail time are very rare (unless the NCP has other criminal changes) as restitution in the form of payment is our goal.
Other helpful resources in CSQuest: Complete Overview of Civil Contempt in Sequential Order and other related articles.
Legal Authority: See Civil Contempt Legal Authority.