This is the next article in my series on the handling of arrest warrants issued in a Las Vegas, Nevada child support case. My last post discussed quashing warrants related to the non-payment of support. It is important that one take immediate action if a warrant has been issued. Failing to do so can lead to arrest, the suspension of driving privileges, as well as other consequences. An experienced attorney can assist you with handling the situation as quickly as possible. In this article I will be answering the question of “can you go to jail for not paying child support?” If you are in need of assistance then contact my office today to speak with a lawyer.
The short answer to whether one can go to jail for not paying support is “yes.” As discussed previously in this series, the most common way this happens under a family law case is when a parent fails to appear for a show cause hearing. The Court may also require jail time if, after several attempts to secure payment, a parent continues to be non-compliant. An important point to note is that, if a parent does go to jail, they will still owe the back support upon their release. I stress this point due to the fact that it is not uncommon for a parent to think that serving jail time somehow wipes out their back support. This is not the case.
It must be understood that the Family Court’s goal is not to incarcerate parents. The goal is to secure the payment of support, and possible incarceration is one way in which it does so. It goes without saying, however, that a parent is not earning money while they are incarcerated and this can make paying support more difficult. The Court, therefore, will typically only turn to incarceration as a last resort. Other than individuals who fail to appear for a show cause hearing, incarceration is typically reserved for those who clearly will not make an effort to comply with the Court’s orders.
When a parent is behind on child support, the worst thing they can do is to simply ignore the problem. Unfortunately, this is what many parents do. If circumstances have changed, with an example being the loss of a job, then it may be possible to adjust support payments downward to a level which one can afford. This can help to prevent a parent from going further into arrears than is necessary. If a parent waits to file for an adjustment, however, payment obligations will continue to vest at their current levels. These are just some of the reasons why it is best to speak with counsel if you are at risk of falling behind on your payments.
If you are a parent and are behind on child support, then contact my office today to speak with a Las Vegas family law lawyer. I understand the gravity of the situation, and my office will give your matter the attention it both needs and deserves. I practice exclusively in the area of domestic relations law and I pride myself on providing a high level of representation. Contact us online or by telephone to schedule an initial consultation. We are able to assist all residents of southern Nevada, including those in North Las Vegas, Henderson, and Boulder City.