Motion For Contempt failure to pay child support. Paid with tax refund. Will I go to jail if I have job interview?

Asked almost 2 years ago - Fort Pierce, FL

Court is tomorrow . I have no money for a lawyer and worried that I will go to jail . I did my refund child support taken it out . I received a letter from deep . of treasury stating that . I have no income but cash assistance but thats with my wife and four kids that stay with me . I really don't know if the child is really mine . I'm scared going to jail because I support the kids that stay with me . I do have a Job interview the day after court date . But will they still put me jail . I paid all that I owe through my tax refund ( 21879 ) . Is there anyway I could have the judge not send me jail . Can I request a DNA test too . I only worked one day last year but went many job interviews . Like I said mi scared of going to jail , never been to jail . I will pay any fines but not jail . no money and no lawyer .

Additional information

the only income that I get is government cash assistance with my wife and four kids. The docuement that I have as dep. of treasury says they took out 2189 which is what i owe confirm by dep of revenue. i have my w-2 which I only worked one day last year and school tax form and dep. of treasury. I dont know what the judge will do, but I cant go to jail because I support my kids.(disabled) Can I ask for a Dna because I dont know if the child is mine. Can I get the payments reduce. THank you

Attorney answers (3)

  1. James W Chandler


    Contributor Level 14


    Lawyers agree

    Answered . You may have waived your right to seek a DNA test depending on a few things. This case is much ore complicated than can be answered in a blog. Judge will not put people in jail who are making good faith efforts, but you probably should look into modifying, etc.

  2. Charles A. Esposito

    Contributor Level 6


    Lawyer agrees

    Answered . The Court can incarcerate you for non payment of child support if the non payment is willful. As far as DNA, that might be a moot issue. There shouldn't be a child support award at all unless at some point paternity was found or admitted.

    No answer posted is meant to be conclusive or to insinuate any outcome of any case. It is a generalized miniture... more
  3. Bruce Givner

    Contributor Level 19

    Answered . Please let us know: did you go to jail? The other two lawyers who have responded gave you excellent advice.

Related Topics

Child support arrears

Child support arrears refers to support payments that are past due. There are several available options for collecting (or repaying) unpaid child support.

Child support enforcement

Child support enforcement is generally handled by the state. Enforcement methods can include withholding income, tax refund offsets, and license suspension.

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