How Often Does A Judge Order Jail Time For Non-Payment Of Support

**gladmanor** · 12-11-2007, 01:31 AM

I am heading back to court(in Arkansas) and I'm trying to find out what will or can be done for my ex husband not paying. OCSE has had our case for the past 4 years and this is the second time they've took him to court. They've taken all past years tax refund...suspended his drivers license 9mths ago. He hasn't paid anything since December of 06...he was still behind $1800 then. Now its somewhere between $5000 & $6000 and he's still not working. I was thinking that jail time was the next step but I can't find any document stating that. He's trying to tell me that they won't do that because of the jail being so full. If thats true then what would be the next step they can take to get him to pay. I'm trying to prepare myself for disappointment if they don't order jail time mainly because I had to fight with the OCSE for the last 12mths to get anything done and have waited 5mths for the court date...I've had to take the day off work and drive 2.5 hours just to get to the court house. I'm just praying that it won't be a waste of my time.

**Xena** · 12-11-2007, 05:37 PM

Quoting gladmanor

I am heading back to court(in Arkansas) and I'm trying to find out what will or can be done for my ex husband not paying. OCSE has had our case for the past 4 years and this is the second time they've took him to court. They've taken all past years tax refund...suspended his drivers license 9mths ago. He hasn't paid anything since December of 06...he was still behind $1800 then. Now its somewhere between $5000 & $6000 and he's still not working. I was thinking that jail time was the next step but I can't find any document stating that. He's trying to tell me that they won't do that because of the jail being so full. If thats true then what would be the next step they can take to get him to pay. I'm trying to prepare myself for disappointment if they don't order jail time mainly because I had to fight with the OCSE for the last 12mths to get anything done and have waited 5mths for the court date...I've had to take the day off work and drive 2.5 hours just to get to the court house. I'm just praying that it won't be a waste of my time.

I'm sorry, but Judges rule in different ways even in the same jurisdiction, so no one here can really guess what the Judge will do. All you can do is to request jail time, and hope the Judge agrees.

**gladmanor** · 12-11-2007, 11:22 PM

Quoting Xena

I'm sorry, but Judges rule in different ways even in the same jurisdiction, so no one here can really guess what the Judge will do. All you can do is to request jail time, and hope the Judge agrees.

Thank you for your reply, I didn't realize I would be able to request jail time!

**Mr. Knowitall** · 12-12-2007, 06:43 AM

You can request jail time as a penalty for criminal contempt of court, or if this is a criminal nonsupport case. If you wish for your ex- to be held in contempt of court and possibly held in jail until he purges himself of the contempt, by paying part or all of his arrearage, or if you wish to initiate criminal contempt proceedings, you or somebody on your behalf must initiate contempt proceedings. Sometimes a court will hold somebody in civil contempt sua sponte (on its own motion).