Legal Question in Family Law in Connecticut

My ex-girlfriend is trying to get custody back from her mother for our kids. I have been issued a summons to appear at the Juvenile Court for the custody hearing. However, if I go, can I be arrested for child support? We never had a child support order, but I know that in the past she was receiving state assistance. I am currently in the process of applying for disability and am not employed. I want to help her get the kids back but do not want to end up in Jail.


Asked on 10/21/10, 7:17 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

You can not be arrested for failure to pay child support if there is no court order in place requiring you to pay it AND you have not been served with a motion for contempt alleging that you failed to pay the child support pursuant to the court order.

If the state wants their money back, they have to file a paternity action along with a petition for support. You have to be served with the papers by a marshal and you have to be given notice of a court date. Then the court has to enter orders appropriately. This is why we have a Constitution-to give proper notice and hearing to people before they can be put in jail. It's called Due Process.

Based upon the facts as you state in your question, it appears you should be fine attending the juvenile court hearing.

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Answered on 10/27/10, 4:17 pm


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