Child Support

CAN MY HUSBAND BE SENT TO PRISON IF HE DOES NOT PAY HIS FORMER WIFE CHILD SUPPORT PAYMENTS?

In Pennsylvania, a parent may to be sentenced to incarceration by the Court for not paying child support. Child support is determined based on statutory guidelines and put in place by an Order of the Court. If a party violates the Court’s Order for child support and fails the child support payments, than that party can be held in Contempt of Court. However, a party cannot be incarcerated unless there is evidentiary hearing before a judge prior to the incarceration and the Court makes a finding on the record as to whether the party has the ability to pay the support order.

If the party is found to be in Contempt of the child support Order, the judge can commit the party to jail and specify the conditions for his release, typically these conditions are a minimum amount of support being paid and/or the passage of a set number of time. For example, if a parent was found in Contempt of Court, the Court could send that party to jail and order that he remains incarcerated until they have paid thirty (30%) percent of the outstanding child support or until sixty (60) days have passed.

In addition to incarceration, Orders for child support may also be enforced against the party responsible for payment by income withholding, liens against real property, attaching and seizing assets, and suspension of their occupational, commercial/driver’s and recreational licenses.

Contact our Philadelphia Family Law Firm with your questions, comments and concerns.