EL PASO, Texas (KFOX14/CBS4) — EL PASO, Texas (KFOX14/CBS4) —Falling behind on child support payments does not automatically mean someone will be arrested, but failing to show up to court after being ordered to appear can lead to a warrant and jail time, according to attorney Daniela Labinoti.

Labinoti said missing a single payment does not send someone to jail. Instead, arrests typically happen after a court process in which a person is ordered to appear for a hearing and does not show up.

“You go to jail if there is a court hearing and you do not show up to court, or there is a court order, and you fail to appear to court, and at that point you are in contempt of court and a warrant for your arrest will be issued,” Labinoti said.

She said that in those situations, “There was a court hearings you were asked to appear you didn’t show up. And so then there is a request for a warrant and then you’re going to be served with a warrant and you’re going to be arrested.”

Labinoti encouraged people who are struggling to pay to go to court rather than ignore the process.

“If you are trying to pay child support or you cannot pay child support, then go ahead to the judge, appear to the court ask for a payment plan explain your situation,” she said. “The courts can be understanding but ignoring a court order not appearing court. It’s a violation and is a contempt of court.”

She said enforcement actions generally begin with the parent owed support or through an agency.

Legal Jargon: Missing child support isn’t automatic jail, skipping court can bring warrant

“It generally has to come from the mother,” Labinoti said, adding that “the division can do that” and “the attorney general can do that,” either through an agency or an attorney. She said enforcement typically involves “an enforcement hearing” where a person “didn’t appear” or “didn’t comply,” and then “Either the division or the mother or the attorney seeks for a warrant or for a court order that you are forced to appear or pay for child support.”

Labinoti also said that when child support is collected in cases where public assistance has been provided, not all of the money necessarily goes directly to the parent owed support.

“The mom gets some of the money and the government gets some of the money because remember you are now the government is paying for the child to medicaid and health assistant and food stamps,” she said. “So that child support portion there’s a portion that goes to the state and there’s a portion that goes to the mother.”

Labinoti also warned that unpaid child support can affect other financial matters, including potential payouts after a crash.

“If you get involved in a car crash and you have child support that’s an automatic lien and you will not get anything from your car crash because the child support lien is a primary lien,” she said.

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