Can I Go To Jail For Not Paying Child Support?
Remember who child support is for (Your child!)
Before we get into the specifics of what happens if you don’t pay child support, let’s first remember what child support is for.
Child support is designed to make certain that your child’s most basic needs are being met, and to hold each parent accountable in doing so. Though arrangements are often different from family to family, more often than not, child support payments are made on a monthly basis to the parent with custody or majority parenting time of the child when parents do not share the same household.
The amount of support that is paid on behalf of the child is calculated by combining your and your child’s other parent’s incomes, and then quantifying the average money needed to support your child at that income level.
Again, your child support payments are designed to support your child’s well-being, not including other financial responsibilities related to childcare, medical expenses, or health insurance.
Point being, not paying your child support doesn’t hurt your child’s other parent, it hurts your child.
Additionally, not paying your child support also puts you at risk, legally speaking.
The Oregon Child Support Program gives you options
The Oregon Child Support Program (OCSP) is designed to help you in supporting your child, and believes that, regardless of the parents marital status or whether or not they live together, that children “have the right to receive financial and emotional support from both of their parents.”
We all lead very busy lives these days, which is why the OCSP strives to make the child support payment process as convenient as possible for paying parents.
For most parents in Oregon, payroll deduction is the easiest way for child support payments to be fulfilled.
You are responsible for verifying your employment with the OCSP. Your employer will then arrange withholdings with the OCSP, and send them payments after they have been made aware to do so by you. The OCSP will then take those payments and send them to your child’s other parent.
Though this is the most common way that parents give and receive child support payments, there are other ways that you can pay if for whatever reason this doesn’t work for you.
Perhaps you’re self-employed, live abroad, or need a different option. Well, you have some!
Set up automatic payments through your bank account
There are numerous kiosks throughout the state where you can make cash payments
Make an in-person cash payment at the Division of Child Support Oregon Department of Justice in Salem
Debit and credit card payments can be mad over the phone, online, or at state kiosks
You can also pay by electronic check either over the phone (via bank withdrawal) or online
The OCSP does all it can to make this process simple for all involved parties, and luckily, most of the child support payments in Oregon are done so voluntarily.
What happens if you don’t pay child support?
In those situations where you owe back support, the OCSP does have the authority to collect what you owe, and can do so through the following methods.
Intercepting state and federal tax refunds
Garnishing your income via a court order that requires your employer to withhold the money you owe and transfer it to the OCSP for payment
Garnishing any other streams of income, including bank accounts, an inheritance, or even lottery winnings and insurance settlements
If you’re a property owner in Oregon, the state can even place a lien (i.e., take possession of that property), preventing you from selling that property until your arrears have been paid.
You can be denied a passport or a passport renewal,, you can be reported to credit bureaus, your professional licenses can be revoked, and you can even be found in contempt of court, sometimes resulting in a jail sentence.
What do you do if you can’t pay child support?
Of course, there’s a difference between “won’t” and “can’t.”
Being unwilling to pay child support is irresponsible and not in the best interest of your child, and it is recommended that you do all that you can to follow the already established court order.
In those cases where you can’t pay child support, you do have options that the court will consider.
Your child support responsibilities can be modified through the Oregon Child Support Program and the courts if you are able to prove that you’ve experienced a substantial change in circumstances since the order was first made.
If you should want to modify your child support order, then you need to file to request a modification. The significant changes that the OCSP and the court considers are related to either a significant change in your income, a significant change in your child’s needs, or some combination of both.
Your request for modification is not guaranteed, and it is advised that you work with an attorney to help you best represent your needs in this process.
Additionally, there is a reexamination period built into the Child Support Program that allows parents to review child support orders every three years. The requirement here is a little bit different in that you don’t necessarily need to prove a significant change in income or needs, and while you do have the opportunity to speak to those changes, you also have the opportunity to ask the court to consider if the child support order still meets the guidelines mandated by the state.
Bottom line: Child support is your responsibility as a parent. You certainly don’t want to go to jail or experience any of the other penalties associated with being negligible in your parental duties. If you have questions or are in need of guidance regarding your child support agreement, contact DBMA Family Law today for your confidential consultation.