You've been ordered to pay child support and alimony. You never thought your life would go in this direction, but here you are. The divorce was long, bitter, and emotionally draining. But now it's over. You're free from the marriage and, thankfully, you've retained a fair visitation schedule with your children. You're trying your best to stay present in their lives.

You've been ordered to pay $500 a month in child support. At first, it seems manageable. After all, you want your kids to be taken care of. You want them to have the best life possible, even if it's not with you full time. But over time, reality sets in. A year goes by. You're barely making rent. You start skipping meals to afford the child support payments. You watch your ex spend the money eating out, buying new clothes, upgrading her lifestyle, while you're struggling just to keep the lights on. You know her parents help financially. Meanwhile, you're falling apart.

Then you get a letter; your rent is going up. You start working extra shifts. You try. You hustle. You stretch every dollar. You keep paying for child support, but now you're missing rent. You take out a payday loan just to keep your head above water. You fall deeper into debt. Every month feels like a choice between keeping your home and supporting your kids. But you keep choosing your kids. Still, it's not enough. You miss a payment. Then another. Your ex tells the court. Now you're in legal trouble. You try to explain, but no one's listening. The court doesn't want to hear about your struggles; they see a balance due. Eventually, the judge finds you in contempt and sentences you to 100 days in jail. Now you're terrified. If you go to jail, you'll lose your job. You'll lose your apartment. You'll lose everything. You call a lawyer in desperation: Can they really take me to jail just because I couldn't afford to pay child support?

In a similar situation decided on May 23, 2025, the Alabama Court of Civil Appeals affirmed a trial court's decision to jail John Edward Bryson for his failure to pay child support. In this case, Bryson fulfilled his "monthly…obligation until he had become unemployed in November 2021." Bryson v. Bryson, No. CL-2024-0704, 2025 WL 1479397, at *2 (Ala. Civ. App. May 23, 2025). "Though Bryson did make, $3,566 per month in VA disability benefits… and $59,642 annually [as] [a] [security] [guard]." Id. After repetitive failure to pay child support, the Madison County Circuit Court found Bryson in contempt of court and sentenced him to 110 days in jail. Bryson appealed this decision, arguing the 110-day jail sentence imposed by the trial court was excessive.

In response, the Alabama Court of Civil Appeals affirmed the court's ability to sentence Bryson to imprisonment but held that the 110-day jail sentence was excessive. Under Section 12-11-30(5) of the Alabama Code, the court has the power to "sentence… [the] [husband] [to] imprisonment not exceeding five days for each count of contempt." Id. Accordingly, "a 110-day jail sentence would be permissible if the former husband… [was] guilty of 22 counts of criminal contempt." Id. However, in this case, the trial court could only find the husband guilty of 16 counts of contempt. While it was improper to sentence the husband to 110 days in jail, 80 days could be proper. See Id. Following this holding, the court ordered the trial court to recalculate the former husband's sentence.

This case, Bryson v. Bryson, affirms the court's ability to imprison an individual for failing to pay child support. Courts in Alabama have the power to sentence an individual to five days for each count of contempt. To be sentenced to jail in Alabama for failure to pay child support, you must already be found in contempt of the court. In the above scenario, it is likely you could be sentenced to serve jail time for each count of unpaid child support.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205-335-2640. Get Relief * Get Results.