ANSWERS: 11
  • Usually civil- but when taxpayers have to pay tomake up for unpaid child support, some local governments have made failure to pay a criminal offense.
  • It is actually Civil as Bobby said, however if someone fails to pay for a long period of time and considered a "dead beat Dad" he is arrested when found, then its criminal. In addition in my state the Dad or Mom who does not have custody must pay the Department of Revenue, and also they can attach their wages, and fail to give them money when they do their taxes. The most important thing they do here now, is someone CANNOT renew their license, or registration if they are in arrears. So one way or another they get them
  • It actually can be both. It depends on how it is enforced. If you pick an enforcement mechanism that does not involve potential imprisonment, then it is civil. These mechanisms would include garnishments, liens, withholding, and so forth. If you try to have a person imprisoned for failing to pay child support, it can still be both civil and criminal. If a judge puts a person in jail until he pays his child support, or some part of it, then it is considered civil contempt. If a judge puts a person in jail for a certain period of time whether or not he pays his child support, then it is considered criminal contempt because the purpose is punishment, not coercion into paying child support. When a person receives a summons, subpoena or similar process to attend a child support hearing, but then fails to show up, the judge has the power to issue a bench warrant that the person be arrested and then brought before the court so that the hearing can go on. This isn't criminal - it's just the court enforcing its power to compel people to appear and testify. None of the above is considered "criminal" in the same way that committing a felony is criminal. But one can be criminally prosecuted for failing to pay child support. Normally district attorneys do not prosecute people under the criminal law unless they owe a lot of money and have had many opportunities to pay. Contempt is a complex matter. Often judges and attorneys have trouble figuring out whether contempt is civil or criminal (or both) in nature.
  • Child support usually starts out as civil, then when payments are not made, it can become criminal. the criminal parts comes in when the payments are not made and that defies a court order.
  • If there is a court order to pay and you fail to do so..it becomes criminal..you have disobeyed a court order.
  • yeah it's a civil,like my ex he's been ordered to pay child support last sept. but never did so i called the child support services for letting them know,they sent him a court order to bring him back to court,until dec. i got a noticed that the court date was cancelled cuz he sent his payment including the 1 yr o f arrears!!! good for him he was scared that he mught go to jail and suspend his license to work
  • Both,It can be civil but it is also a Criminal offence, it depends apon the circumstances. http://www.childsupportanalysis.co.uk/information_and_explanation/world/history_us...
  • The answer is almost always CIVIL. There seems to be some confusion on this issue, so I will explain in detail. An order to pay child support is a civil proceeding, and a child support order is no different than an order to pay damages under a tort or breach of contract. However, unlike a normal tort case where the judges jurisdiction ends after the case is over, in custody and support cases the judge maintains jurisdiction. What this means is that a person who does not pay child support can be held in contempt for not paying, whereas if you don't pay your tort claim all the person can do is file another lawsuit. So far everything is civil. So the question that needs to be answered is: is contempt a criminal or civil sanction? The answer is that it can be both. There has been many cases and law review articles written on this subject. The issue is that if a judge finds you in contempt and punishes you (i.e. takes away your liberty), you are entitled to much more due process then if the judge is only imposing a civil sanction. So long story short, a contempt order for not paying child support is almost always a civil sanction. The primary difference between a criminal sanction and a civil one is the purpose. For example, if I lock up a person because I know he is hiding assets and therefore could pay the support but is choosing not to, then this is a civil sanction to compel compliance. On the other hand, if I lock a person up for 2 weeks for failure to pay, this is merely a punishment, and therefore a criminal sanction. The same analysis applies even if jail time is not involved. For example, if the judge orders a fine for the purpose of punishment, this is a criminal sanction. order to pay child support is civil. If you fail to pay child support, a judge will hold you in contempt of court.
  • Child support is a civil matter until the law is broken, then it becomes criminal. Once a court order is issued with the amount owed, the non-custodial parent is legally responsible for the payment of that child support and any arrears. At some point in time a judge can have a none paying parent arrested under a criminal warrant and he or she will find themselves in jail.
  • I believe failure to provide for the health and well being of the human beings you choose to bring to this earth is a crime. A crime against humanity. A person that does not uphold his or her responsibility in regards to their own children should be charged with endangering the welfare of a child, negligence and abuse with intent to harm both physically and mentally. If the custodial parent did not feed the child and it starved to death. That parent would be charged as a criminal. Why then is it alright for any parent to withhold money from another parent---and their own children--that is necessary for food, shelter and clothing? This is more than whether it is criminal or civil. It is also a matter of morals and standards for a society. Why on God's earth would anyone want to get away with not providing for the children they decided to create. These people represent the lowest form of humanity. Shame on anyone who does not pay to support their own children. They should be dealt with severely and with the most powerful laws available to mankind. Marlene

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy