Well, see here is the deal. You are not going to want to hire an attorney to get a child support modification because you don't want to waste good money that you may never recoup. Therefore you are going to want to go through the child support enforcement agency in your state, and they are the ones who could eventually have mom put in jail for not paying her support. It won't be up to you. They can also suspend her driver's license and deny her a passport as well.I don't see putting her in jail over it, but could I get a judgement against her in case she ever works and garnish child support in arrears.