Failing to pay child support is a crime; apart from monetary fines, a convicted offender faces up to six months in jail. This is unfortunate because, apart from the inconvenience and discomfort of jail, such a sentence may make it more difficult for you to meet your child support obligations. If your partner sues you for failing to pay child support, your mere protests of being unable to do so will not help you. Here are three things the court will need to be satisfied with your inability to make the payments:
You Lack the Funds
There is no excuse for failing to pay child support as long as you have the ability. Therefore, the first thing you need to prove to the court is your inability to make the payments. For the court to even consider your situation, you need to be truly unable to pay the money. After all, as far as the court is concerned, even if you have a thousand bills to settle, child support should be on top of the list.
So you can't say you are unable to pay it because you are servicing your mortgage and risk a foreclosure if you default. As far as the court in is concerned, if you can pay the mortgage, then you can pay child support.
You Lack Property You Can Use To Get the Money
Just because you don't have money in the bank or don't draw a salary, it doesn't mean you don't have other sources of income. The court expects you to sell your properties or use them as collateral to get money for the child support payments. Therefore, if you have shares that you can sell or use to borrow funds, then you cannot claim the inability to pay child support.
You Unsuccessfully Tried To Obtain The Funds Via Other Means
Lastly, you will also need to prove that you exhausted all avenues (legal) for getting the money. You need to prove the attempts you made; just saying that you tried but failed will not be enough. Did you approach your bank for the money? Show your application form and/or their letter informing you of the denials. The court will not take you seriously if there is an obvious way through which you could have obtained the money legally, such as borrowing from your employer, but you did not take it.
Don't stop child support even if you are facing financial difficulties. Provide the little you have so that the court can see that the problem is not your lack of consent. For additional information about child support, contact a divorce lawyer.