Legal Question in Family Law in Tennessee
Child support
In Tn should a parent be jailed for not paying child support due to illness, children are now over eighteen.
2 Answers from Attorneys
Re: Child support
The court must find that a parent was ABLE to pay and willfully refused to pay before it is proper to punish for contempt in child support cases. Certainly some trial judges are a bit more aggressive than others in jailing non-custodial parents, but having an attorney and a court reporter on hand to allow an appeal if needed will reduce the risk of it happening, and will allow the parent to get it reversed on appeal if it still does.
Re: Child support
Generally, acts of God are a defense to intent crimes. If you can't help not paying, that could be a defense to jail, but you should file a motion asking to stop or reduce support payments. For more info, see www.gsmithlawfirm.com