Can I go to jail for not paying child support?

People often ask me: “Will I go to jail?” If you violate a court order in any kind of case, the court can hold you in contempt, and yes, that can result in jail.

But the basic child support proceedings themselves do not automatically involve jail. Here’s how it works in New York:

• Child support is calculated by formula and is basically based on income.
• The main deduction from income is usually other child support obligations.

There is a specific proceeding called a willful violation proceeding in child support. That’s where:

• You’ve been ordered to pay a certain amount of support and
• You don’t pay, and
• It is shown that your failure to pay is willful.

In that situation, the court does have the option to put you in jail.

I’ve probably handled around five thousand of these cases. Generally, people do not end up in jail because, when it becomes serious, they pay. You have an obligation to pay child support whether you see your child or not.

A big mistake people make is this: they get served with papers, their income has changed, but they don’t file a modification petition. The case goes on for months—sometimes close to a year—and then they want to modify the order. The problem is the court usually does not go back to the first day; you may be stuck owing months or even years of support you truly couldn’t afford.

Also, if you decide to stop working just to avoid paying child support, you are very likely to go to jail. You’re expected to work and meet your obligation.
If you’re disabled and that has been legally recognized, or if you’re already in jail, that’s a different situation: the child support order can be suspended or reduced, sometimes to as little as $25 a month.

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