Failing to pay child support carries serious repercussions in Iowa. State laws strictly enforce these agreements to ensure children receive financial support from both parents. Please continue reading to discover whether non-payment can result in jail time and how an experienced Des Moines Criminal Defense Lawyer can help you navigate your legal options.
Can a Failure to Pay Child Support in IA Result in Jail Time?
In Iowa, both parents are legally obligated to provide financial support for their children, regardless of whether they live together. Child support payments are calculated according to established guidelines and aim to serve the child’s best interests by meeting their fundamental needs.
The Child Support Recovery Unit (CSRU) is tasked with enforcing child support orders in Iowa. This includes the authority to pursue contempt of court actions, which can lead to a jail sentence and substantial fines if there is a willful failure to comply with a support order. It’s crucial to note that failing to pay child support is not considered a debt, but rather a disregard for a court order. Delinquent payments can lead to a finding of contempt of court. For a contempt finding, the court must determine that the non-payment is “willful,” meaning the defendant has the financial resources to pay but deliberately chooses not to.
Generally, judges have the authority to impose jail time if a parent fails to comply with a child support order. However, there is no standard duration for jail time for non-payment. The sentence for civil contempt can be up to 180 days. Nevertheless, the judge can release the parent if they “purge” the contempt, meaning they pay a portion of the arrears or establish a payment agreement.
Under federal law, a conviction for criminal non-payment of child support is punishable as a misdemeanor or a felony, depending on the unique circumstances. Misdemeanor offenses carry a potential jail sentence of up to six months. A felony offense, on the other hand, carries a potential jail sentence of up to two years.
What Other Enforcement Measures Can I Face if Accused of Willful Non-Payment?
Prior to the court imposing jail time, Iowa enforces child support through other measures, including:
- License Suspension: The court may suspend your driver’s license, professional license, and recreational license until overdue child support is settled.
- Financial Penalties: The court may impose hefty fines, intercept tax refunds, place liens on your property, seize bank accounts, and garnish your wages. Additionally, overdue child support can negatively impact your credit score.
- Passport Denial/Revocation: In severe cases, a passport can be denied or revoked.
- Compelling Job Search: The court may order an unemployed or underemployed non-custodial parent to actively seek employment.
What Should I Do if I Can’t Pay?
If you are having trouble fulfilling your child support obligation, the most important step is to notify the court and explain the reasoning (e.g., a job loss, disability, or other circumstances). From here, you can set up a payment plan to catch up on missed payments. Finally, consulting a determined attorney at Herting Law, PLLC, we are prepared to fight for the best possible outcome for you and your family. Connect with our firm today for personalized advice.
