If you didn’t pay child support and were arrested, the time you serve in jail will depend on several factors, including your financial history, criminal record, and other circumstances.
You are not entitled to a jury trial if you face misdemeanor charges for not paying child support. If you are convicted of this crime, it is possible that time in prison would be your only punishment. If you wish to defend yourself, hiring an attorney is the best way.
Maximum Jail Sentence
The maximum jail sentence you may be subjected to if convicted of not paying child support depends on your financial history. If you have repeatedly failed to pay child support, the judge may sentence you up to one year in jail. If your failure to produce results in a substantial deduction from your income due to civil enforcement measures taken by the government, you face up to six months in prison. If you are convicted twice for not paying child support, the judge may sentence you up to one year in jail.
If a court finds that your failure to pay child support was willful, as opposed to a failure based on financial hardship or other reasons, you face up to two years in prison. The inability of a parent who is delinquent in payments to find a job may be considered willful failure to pay. A parent incarcerated at the time of payment is generally deemed unable to find a job and, therefore, not willfully failing.
Parental Rights, Visitation, or Custody
If your child has been placed in the custody of a state-funded agency, such as a foster home or group home, you may be considered to have waived your right to visitation. If you are convicted of failure to pay child support, and the judge finds that you were willfully neglecting your child during his time in the custody of the state-funded agency, you face up to two years in jail.
You may not be subject to civil child support enforcement measures if you lose parental or visitation rights over your child. If your parental rights have been terminated and you are currently liable for child support payment, you may be released from this liability. Likewise, if a court revokes your visitation rights and you are held responsible for the cost of child support, you may have these obligations terminated.
Contact Roy Kahn, your Criminal Defense Attorney!
You must immediately contact us if you were arrested for failing to pay child support. As a skilled criminal defense attorney, we can help you understand the complexities of Florida’s criminal laws and defend your rights and interests. Contact us today — your future may depend on it.
Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.
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