Jail time for not paying Child Support? Really? Is that Possible?

A headline from a National Post article published on December 31, 2020 reads: “Nova Scotia father who owes $250,000 in child support sentenced to more than four years in prison”. This may seem a bit shocking until you read Justice Elizabeth Jollimore’s decision of December 22, 2020.

The party at the center of this case, Mr. Joseph Power, did not only miss a few child support payments to find himself in this predicament, he refused to follow court orders dating back to 2007. His child support arrears had accumulated to a whopping $247,125 between January 2007 and September 2015. It is common knowledge that child support payments are calculated according to income. Mr. Power’s child support obligation was over $3,000 per month; therefore, he would have had a comfortable lifestyle. Mr. Power, by refusing to pay, demonstrated to the Court that he did not take his legal obligation seriously.

Eventually, the Maintenance Enforcement Program, an organization that collects child support payments from payors, took away his driver’s license and seized his Canadian bank accounts. That did not deter Mr. Power’s behaviour as he continued to refuse to abide to the court orders. Eventually, he was arrested in Montreal in November 2020 under a Canada-wide arrest warrant and returned to Nova Scotia. Some of Justice Jollimore’s comments in her decision Power v. Power, 2020 NSSC 379, include:

(16) A penalty is to ensure respect for court orders, by Mr. Power and by everyone who comes to court. If there’s no respect for court orders, the judicial system and social order are undermined.

(18) As well as coercing Mr. Power’s compliance, the penalty should denounce his conduct and deter both Mr. Power, specifically, and others, generally from defying court rders. This is particularly so when the order is for child support.

(20) Respect for court orders means following them. If they are thought to be wrong, they are to be appealed. If the circumstances on which they are based have changed, they are to be varied. Until stayed, varied, or overturned, court orders are to be followed. (…)

(28) Children have a right to receive support from their parents. Even when their parents’ relationships end, children are still entitled to their parents’ support. (…) No parent can reasonably believe that they aren’t required to support their children. People must be deterred from ignoring their child support obligations and those who ignore them must be denounced.

Justice Jollimore used this case to make a statement to all those parents who default on their child support payments. Either you pay and abide by the court order or face the consequences of being in contempt of Court.

Although contempt hearings are not common in my experience, I have encountered a few over the years. They are not pleasant as the consequences are very serious. Not many people look forward to a stay in jail. One thing to keep in mind, jail time does not replace the child support arrears. When you get out of jail, child support arrears are still waiting to be paid. As the Honourable Justice Jollimore stated, if your court order needs to be changed to reflect your actual financial situation, seek a variance to change the court order. If a court order was granted reflecting your actual financial situation, then it is wise to abide to the order. Mr. Power may regret having refused to respect any past court orders if he finds himself sitting in jail for an extended period of time.