There are many reasons why people fall behind on their Court Ordered Support payments, including loss of a job or a pandemic. Because of these unstable times individuals need to be mindful of the fact that their Support Order is not put on hold unless the Court directs the same. Therefore, if you are facing a situation where it is impossible to meet your support obligations, you need to request the Court to suspend or terminate your support payment. For example, if you are arrested and incarcerated for a crime, you should ask the Court to pause your payments until you are released from jail. Failing to ask for Court intervention, could result in the filing of a Contempt action and ultimately the imposition of jail time.

The Court will make the determination if a support payment should be placed on hold depending on the facts of your case. The Court will carefully review all of the facts and circumstances of your case and decide if your payments should be temporarily suspended or possibly terminated.

If, on the other hand, the Court determines that you are in contempt and issues an Order of incarceration, Rule 1910.21 (d) provides: “An Order committing a defendant to jail for Contempt shall specify the condition, the fulfillment of which will result in the release of the defendant.” In other words the Court will provide a way for the defendant to purge the contempt.

If you are having trouble meeting your support obligation due to financial instability or a criminal charge, contact the Mulligan Law Firm.