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Will my husband go to jail for non-payment of child support?

Glendale, AZ |
Filed under: Child support

My husband received a summons to go to court due to non-payment of child support. The paper he got says that it is an appointment to get set up on a payment plan. He has not been working (stay at home dad) so he hasn't been able to make any payments as we have been living paycheck to paycheck. The paper also says to expect to make a payment at the court date. With my husbands child support being $30,000+.. Are they going to require a huge payment at that date? Is it possible he will end up going to jail for it? What options might I have to get him out if that happens?

Attorney Answers 2

Posted

The court expects your husband to fulfill his child support obligations, so unless he gets a job and complies with his payment plan, there is a good chance he may be found in contempt of court at some point and jailed.

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Posted

I agree with Ms. Reed. Under Arizona law, A parent’s legal duty to support his or her child is primary to all other payment obligations. Your husband needs to do something to fulfill this obligation. If he doesn't the court may find him in contempt, and going to jail is a possibility.

DISCLAIMER This answer is general information only. The information presented should not be construed as formal legal advice, nor as the formation of a lawyer/client relationship. I am an Arizona attorney and can only really speak to Arizona law. Please consult an attorney in your state for specific answers. Please refer to Avvo.com's terms and conditions.

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2 comments

Asker

Posted

Will they give him time to get a job and start paying again?

Maxwell William Mahoney

Maxwell William Mahoney

Posted

They may. It is really up to the judge. The father needs to pay something, anything to show he is trying to fulfil his obligation.

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