Parenting after divorce or separation isn’t easy. Figuring out child custody, child support payments, and other ways to co-parent can be difficult when everyone is doing their job. When someone flat-out refuses to pay child support even if there is a court order directing them to do so, it can feel incredibly frustrating.
Parents who refuse to pay child support may face harsh penalties. If you pay or receive child support, understand your rights and how to handle legal processes. A child support law attorney can help you with specific questions regarding collecting child support.
Is There a Law Regarding Paying Child Support?
Child support orders approved by a family law judge can be enforced. It determines who will pay whom and how much they must pay. The following items will determine how much child support is paid.
- Each parent’s earnings
- Eligible parents may deduct
- Who has custody of the children physically most of the time (custodial parent)
- Children’s overall needs
Every state has different laws regarding child support. However, they must follow federal guidelines when making their laws. Under the Child Support Enforcement Amendments of 1984, stronger enforcement measures may be used.
Just because the judge signs a court order requiring the non-custodial parent to pay child support does not mean the non-custodial parent will pay. Or that they will pay on time. Some states allow the paying parents a few days to pay in full without penalty. Once that grace period passes, the child support could accrue interest.
How Do You Enforce a Child Support Order?
Let’s say you lost your job and cannot afford to pay your court-ordered child support. If something like this happens, you should contact a lawyer to discuss your options to modify the order. Just because you lost income does not excuse you from paying your child support payments. You must take action to get your payments adjusted by the courts.
Every state is different regarding when child support payments are late enough for the custodial parent to take action. If you are not getting monthly child support payments, you should consult with a family law attorney. A lawyer will be able to advise you on how to legally proceed.
My Ex-Partner is Not Making Child Support Payments. What Should I Do?
If your deadbeat parent is not making child support payments, you can take them to court. The judge may issue a wage assignment. It will automatically deduct payments from the other parent’s paycheck. You may also be able to levy or attach your spouse’s bank accounts, stocks, or other assets. Including houses.
Child Support Enforcement
The district attorney may be able to enforce payment on your behalf. But it will typically be handled by your state’s child support services department. You could also report it to your district attorney’s office so they can go after the obligor parent.
Many courthouses offer free help desk services that advise you on the best course of action for your situation.
Collecting Child Support When Your Ex Stops Paying
If you have stopped receiving child support payments, you can notify the authorities. You can choose to hire your own child support lawyer to help you collect. You may also contact your state’s child support services to apply for services.
Parents who do not pay court-ordered child support may face contempt-of-court charges. Along with civil penalties and punishments. They could face fines or jail time if they continue to have repeat offenses.
Wage Garnishment
Most states will garnish the delinquent parent’s wages. By forcing their employer to withhold part of their paycheck to pay you. If they are lucky enough to receive a tax return. The IRS or state authorities can take the tax return and apply it to the child support they owe.
If you live in different states, you can still collect child support. UIFSA allows parents to pursue child support owed to them from another state. In addition, most states have long-arm statutes. This allows other states to enforce the court’s orders if needed.
Can You Stop Visitation if the Other Parent Doesn’t Pay Child Support?
In most parenting plans, one parent will pay the other parent. Whether they both share custody of the children or not, there will usually be child support payments. As with any relationship, some people will not make their child support payments as ordered by the Judge. I kid you, you may be thinking you can withhold parenting time until the money arrives. Stop!
Your children’s support has nothing to do with the distribution of parenting time. There are two different issues that the courts divide. If your ex fails to pay for child support, you cannot deny them parenting time with your kids.
Child Support Vs Visitation
Think of child support and visitation as two separate court orders. They each function independently when enforcing the court order.
Child Support
Family law establishes the rules governing child support guidelines. This will determine the amount of monthly child support. Typically, they are based on each parent’s income. As well as how many children there are.
How Is Child Support Calculated?
Many states calculate the amount of child support owed based on the noncustodial parent’s income alone. However, most states use the income shares method. This means they combine both parents’ incomes. A few states will identify how much each parent needs just to survive. Then determine the child support needs from there. Also known as the “Melson formula”.
Child support can include paying for a portion of health insurance costs. Help with childcare, or even financial responsibilities for college tuition.
Parenting time is determined by the judge’s belief of what is in the children’s best interests. Factors that go into deciding child custody and parenting time vary from state to state. Some of these factors include children’s age. Whether or not they want to speak to the judge. The parents’ mental and physical health, and much more.
Tax Refunds and Not Paying Child Support
If your ex owes back child support and they receive a tax refund, it seems only fair that the refund should go toward paying back child support first. If a parent owes back child support, they are subject to tax refund interception. A child support office can file to have that parent’s tax return withheld and applied to back child support.
How Do You Intercept a Tax Return for Back Child Support?
First, you will need to enroll in your state’s tax intercept program. By visiting your local child support office. Or by meeting with a family attorney. If you use your local child support services, they will most likely provide their services to you for free. Your attorney may be able to help you open a case with your local child support office.
The child support office will enroll you in the Federal Tax Refund Offset Program.
Do All States Intercept Tax Returns?
Each state has a tax intercept program that works the same way as the federal tax intercept program. Your child support office can file to have the parents’ tax return withheld and applied to back child support. If your state does not withhold taxes because it has no state income tax, it may not have a tax intercept program.
If that parent decides to file a joint tax return with their new spouse. It can affect how much of the tax refund is returned to child support. If there are no back child support owed, the spouse is still entitled to their portion of the tax return. They would have to file an injured-spouse form with the IRS.
The state will typically hold onto joint tax returns for 6 months. After that, the state will apply the tax return to back child support without notifying you.
What Happens to the Tax Return Once It’s Been Intercepted?
Once the tax return is applied to back child support. The first thing they do is apply it to back child support that goes to the state. Such as paying back periods during which you may have received public assistance, and child support wasn’t paid. Once all amounts due to the state are paid. The remainder will be applied to the back child support you are owed.
If the parent owing back child support owes money to other government agencies. They will pay those off before your back child support is paid. Not to mention, this program will not help you if the parent doesn’t file taxes or doesn’t qualify for a tax return.
Back Child Support
Back child support, also known as retroactive child support. Some states may allow the custodial parent to order retroactive child support. The judge will determine how much is owed based on the following:
Parent’s Net Resources
- If the parent who was required to pay child support knew of their responsibilities
- If the parent who owes back child support will be financially harmed by the order
- If the parent gave any assistance before the start of court proceedings
Penalties for Not Paying for Child Support
When a parent refuses to pay child support, the court may find them in contempt. Punishments for failing to pay child support will vary from case to case. Depending on how much child support is past due and when the parent last made a payment. The more child support they owe, the harsher the punishment becomes. Here are some of the penalties you may face.
- Wage Garnishments
- Tax refund interceptions
- Liens placed on the parents’ property
- Suspension of driver’s licenses
- Lose their passport
If these methods don’t work, there will be other punishments. Depending on the state, you may be put in jail. The longer child support goes unpaid, the longer they could face time in jail. Two years or more of prior convictions may elevate contempt of court charges from a misdemeanor to a felony.
How Can a Child Support Attorney Assist Me?
There are various ways an attorney can help you collect back child support. Child support lawyers can help explain your rights and take you through the legal process. They will help you collect the necessary documents and pursue the parent who owes back child support. Attorneys can help you file for wage garnishments and seize properties.
Contact a Child Support Attorney in Albuquerque Today
If you would like a free consultation on collecting child support payments in Albuquerque, contact the experts at The Law Office of Anthony Griego LLC.
