A recent case in Texas may be instructive in pointing out to non-custodial parents in Wisconsin who are responsible for child support payments how strictly states are enforcing these obligations. A Texas father has been sentenced to six months in jail for being late with payments even though the late payments were caused by a clerical error by his employer. After receiving a bill for $3,000 in overdue payments, the father quickly paid it plus an additional $1,000 in order to stay ahead. However, a judge still sentenced him to six months in jail.
The payment shortage was the result of a clerical error that caused the father’s automated child support payments to be less than what they should have been. When the father discovered the error, he immediately worked to correct the imbalance by making the payments. The father’s attorney said she thought the matter would quickly be settled. However, the opposing attorney wanted to be paid $3,500 for her fees and said she was confident the judge would side with her.
Texas law stipulates that when a parent gets behind in child support payments, it can result in jail time even though they show up and bring their payments current. The father in this case received the maximum sentence of 6 months jail time. He says he was shocked when the verdict was pronounced, adding that it was an injustice and made no sense.
The father was not able to appeal the decision and is now serving out his sentence. The court was bound to follow the provisions of the Texas statute, even though it will likely mean that the father will likely be unable to meet his obligations while he is incarcerated.
Source: The Huffington Post, “Clerical Error In Child Support Payments Leads To Six-Month Jail Sentence For Clifford Hall “, January 21, 2014
