Child support is a term referring to payments that a noncustodial parent makes to ensure the wellbeing of their child. It can include services such as paying for health insurance, and must be paid until the child reaches adulthood, which is the age of 18 in many states.
If the parent isn’t making these payments, child support enforcement can force them to do so. This is the legal process to force parents to provide financial aid to their children, such as by garnishing their wages.
Read the rest of this article to learn more about child support enforcement and how it works.
How Do You Get a Child Support Order?
A formal child support order enforces child support payments. These are commonly granted in the following:
- During court proceedings. During the process of divorce or separation, child support can be decided by both parties and their lawyers.
- By working with a state agency. Child support services agencies are found in every state and they can help parents to get a court order for child support.
- By filing petitions. You can file a petition to request a child support order from your family court. This petition must include important information, such as contact and income information, and include documents such as your divorce certificate.
It’s important to note that parentage needs to be established so that the correct, biological parents are notified of the payments they have to make. That said, some U.S. states require parents to pay child support for their stepchildren.
When Does Child Support Enforcement Occur?
Missing payments is the most common reason for a child support enforcement to be triggered. This can occur as a result of the following:
- Loss of income.
- The noncustodial parent is hiding their income.
- They are not making any payments, or only partially paying.
- They have stopped making payments because they’ve moved to another state.
You can enforce child support payments by going to family court. A judge will decide on the case, guided by state laws. When a child support enforcement order is established, payments can begin.
The amount of money a parent has to pay for child support will be calculated according to various factors, such as their income, how many children they have, and other additional costs.
What Happens if Child Support Isn’t Paid?
The Federal Parent Locator Service was established by Congress to enforce child support payments. In many states, the courts can enforce child support collection methods in a variety of ways, from minor to extreme actions.
If a noncustodial parent stops making child support payments, their state’s child support enforcement agency can make use of the following methods to collect the money that is owed.
- Withholding their income. This can be an automated process that deducts the amount owing from the parent’s wages.
- Taking their funds. The agency can take various funds that are given to the parent, such as if they win the lottery or receive a tax refund.
- Placing liens. They can have a claim against the person’s property, such as their car or home.
- Suspending licenses and denying passports. They have the power to take away the person’s driving licenses and passports to force them to pay the money.
- Contempt of court. If the parent intentionally avoids paying, they could have to pay hefty fines or go to jail, although this is usually a last resort if other collection methods have not been successful.
What Should You Do if You’re Not Receiving Child Support Payments?
If you’re not receiving child support payments after they have been approved by a court, there are things you can do.
Communicate with the Other Party
If it’s safe to do so, try to reach out to the noncustodial parent about the lack of payments. Sometimes, just communicating with them can help you to resolve whatever issue is causing the payment problems. Try to come up with a solution, such as by organizing payment plans.
If you and the noncustodial parent reach an agreement, get it in writing so that you avoid potential problems in the future.
Keep Records
Maintain a track record of all communication with the noncustodial parent as this will help you collect evidence should you need to take legal action against them. This information can include dates of missing payments, amounts that are owed, and messages exchanged between you.
File a Contempt Motion
For serious cases of nonpayment, such as if the parent is refusing to pay, go to court and file a contempt motion. This requires you to have a child support plan in place that was already approved by the court. Filing a motion states that the court order has been violated.
The noncustodial parent needs to be notified so that they’re aware of the allegations. They (and you) will have to attend a court hearing, during which you’ll have to show that there was a valid court order which has been violated by the noncustodial parent.
If the judge finds the noncustodial parent guilty of contempt, they can suffer various consequences, such as being fined, having to pay attorney fees and costs for going to court, wage garnishment, or even jail time.
How Can a Lawyer Help You With Child Support Enforcement?
A child support lawyer can help you in many valuable ways if you’re struggling to receive child support payments.
- Your lawyer will file enforcement actions on your behalf.
- They’ll consider all state and other laws that govern the situation.
- If the noncustodial parent has moved to another state, your lawyer will make use of interstate child support laws.
- They’ll protect your legal rights.
- They’ll help you prepare for hearings.
- They’ll help you to modify the child support payment plan, if required, such as if the noncustodial parent’s financial situation has changed.
Do you need to hire a lawyer for child support enforcement?
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