Can a noncustodial parent (NCP) be arrested for failure to pay child support?
NCPs cannot be arrested solely because child support payments are not paid. The NCP must be served with a Motion and Order to Show Cause, which allows the case to be heard before a judge. Both parents in the case can be given the opportunity to address the court about the case. After all the testimony and evidence are presented, the judge determines whether or not the NCP is in contempt of the order, and if so, what penalty will be applied.
A. NCPs cannot be arrested solely because child support payments are not paid. The NCP must be served with a Motion and Order to Show Cause, which allows the case to be heard before a judge. Both parents in the case can be given the opportunity to address the court about the case. After all the testimony and evidence are presented, the judge determines whether or not the NCP is in contempt of the order, and if so, what penalty will be applied.
