Just a few thoughts from the old magistrate here who hears child support contempt cases on a weekly basis, every Thursday morning.
First, although "dead beat dad" is the common phrase, I would estimate that at least 30% of the cases I see involve "dead beat moms." Just food for thought.
Contempt is not filed against an obligor for at least the first $5,000 of missed support. When contempt is filed, and the person found to be in contempt, they are afforded an opportunity to purge the contempt, meaning they set up a new payment schedule for support to not only pay the currently owed support, but also pay off on the arrearages. I have yet to see an obligor (dead-beat) refuse this opportunity. Only after allowing an opportunity to make these payments is jail even a consideration.
Now, there is a real difference between someone who is out of work, unable to work, and just not working. A person who loses a job often has the ability to work, and will be actively seeking work. As long as they are trying, I'll give them a break. Some people are unable to work, whether due to medical conditions, mental health issues, or family issues. these are the people I forgive, and order a hearing to modify the support order. And, some people choose not to work. Frankly, nothing pisses me off on the bench more than an obligor who comes in saying that they just can't find a job, admits that they haven't been putting in applications anywhere, and then tests positive for drugs. I had a guy in a few weeks ago who said he couldn't find a job anywhere, and hadn't been employed for two years. When pushed, he admitted that he'd last applied for a job in 2006. He then tested positive for marihuana, cocaine, and opiates, but said that he only does drugs when a friend is willing to give it to him. I locked him up for the max.