Courts have held that when a party violates and disobeys court orders, it is considered contempt of court, but in the case of child support, if one fails to make the required payment, it results in contempt of court costs.
Enforcing child support is considered necessary to ensure that children are getting enough for their well-being. People trying to defeat contempt of court for child support should remember that the non-custodial parent may face financial difficulties that lead to contempt of court charges.
For example, in the case of children in the state of Illinois, the law mandates a child support order but can file contempt of court charges against a parent if they fail to pay child support.
How To Beat Contempt Of Court For Child Support
The court takes serious action in regard to child sports contempt of court and has the power to imprison parents who do not pay child support.
A thorough understanding of the laws and legislation related to child custody violations is essential to take a strong stand.
You can be charged with contempt of court for child support if child support payments are due. Consequences can include fines, penalties, and even jail time. However, there are steps you can take to defeat contempt of court for child support.
Understand the Court Order
Review to the court order that outlines your child support obligations. Understand exactly what you’re required to do, including the amount of support, the frequency of payments, and any other relevant terms.
Hire Experienced Lawyer
Hiring a competent lawyer is very important in the case of court charges because an experienced professional understands your legal rights and examines your case and respects your choices.
In addition, they represent you in court and ensure that the other party engages in an efficient manner and resolves issues through smooth negotiation.
Request Modification
Another solution on how to beat a contempt of court for child support is to modify the child support order due to unfortunate circumstances such as a medical emergency or job loss.
You need to file a motion with adequate evidence and your current financial circumstances to change the child support order after the court approves it.
Keep Records of Payments
If paying child support, keep records of all payments, including receipts, bank statements and copies of checks. These records are reliable and serve as strong evidence in court that you are trying to pay child support.
Document Finances
Another step essential to defeating contempt of court is to document your finances in case of financial hardship, for example with tax returns, back statements, or pay stubs.
In addition, you will need to create a budget that details your income and expenses. This document helps you demonstrate in court that you are unable to make the required child support payments.
Avoid Debts
This is an important step to avoid any new debt if you are paying child support, including car loans or credit card debt. If someone takes a new loan, it becomes difficult for him to pay child support, thus resulting in contempt of court charges.
Attend Hearings
Skipping a court date can make your situation harder and result in the additional charges. As a result, be careful to show up for all of your planned hearing and behave appropriately at all times. You have to the prove to court that you are committed to making things right.
Seek Legal Advice
Conslut with a attorney who specializes in family law and child support matters. They can provide personalized advice based on your specific situation and help you navigate the legal process.
What is Paying the Purge?
You need to the file a motion to reduce the child support obligation in case the court decides not to hold you in contempt of court for intentionally not paying child support on purpose, but you still owe the money.
This is an opportunity for your lawyer to dismiss the accusation. You might inform the court that although you are aware you must pay child support, it needs to be modified.
But, you will remains in the contempt if you are found in contempt of court unless the child support issues is resolved. It is called paying the purge.
If you are unable to pay the purge within the time limit set by the court, the court can order jail time until you pay purge. Afterward, a warrant can to be issued for your arrest if you are not present for court, and then law enforcement will take you into custody.
There is also an major penalty that comes along with not paying the child support which is contempt of court charges. However, there are option available if it occurs to you, but you ‘ll need a attorney to advocate for you.
Consequences of Contempt of Court
Penalties for contempt of court can include heavy fines, additional costs, and possible jail time.
You can be held in contempt of court and jailed if the court determines that you ignored a child support order while you had the resources to do so.
When a court sends someone to jail for a child support violation, it often conditions the release on the person’s agreement to begin paying child support.
Conclusion
Child support violations have serious consequences that come with strategies to avoid such messy situations to defeat the charges. It is important to hire a professional lawyer with the required experience who documents everything and helps you in efficient ways.
But, it is important to understand that child support is an important responsibility that needs to be fulfilled. There are some cases where you can avoid financial difficulties such as support or charges.
Frequently Asked Questions
Is it possible to modify child support orders?
Yes, it is possible if you file a motion in court with compelling evidence and also you can consult a professional lawyer who can support your case.
What happens if a parent does not pay child support?
If someone willfully fails to pay child support, there are serious charges that go along with contempt of court charges.
Why should you hire a legal representative?
Hiring a qualified and experienced lawyer is important as they help you understand the nature of the case and inform you of your rights.
