Payment of child support is something that must be made consistently and punctually for the well-being of any child. Timely payment of child support enables the custodial parent to provide such things as food, clothing, housing, medical care, and other necessities. However, many parents face significant challenges in collecting past due child support, also known as arrearages. Not receiving child support on time can create financial hardship and stress for the custodial parent and children.
This guide goes beyond this point to give all the steps a custodial parent may take to handle unpaid child support. Specifically, it outlines what an arrearage means, calculating amounts owed, the responsibilities of non-custodial parents, and various legal options for enforcing or collecting past-due support.
With persistence, organization, and proper legal assistance, parents who owe child support can take control of the situation and secure the crucial financial assistance their children need and rightfully deserve.
What is a Child Support Arrearage?
An arrearage is the total amount of past due child support accumulated because the non-custodial parent has failed to make the court-ordered monthly payments. Each month, the non-custodial parent does not pay the total amount owed; that unpaid portion violates the child support order.
Under most states' law, that outstanding amount is a separate judgment against the non-paying parent for each missed monthly payment or only partially made. Although an official court judgment is not entered every month, the unpaid amount is legal debt that the non-custodial parent owes the custodial parent and child.
In many states, unpaid child support is also subject to interest, often set at 9% annually. So, as months and years go by without payment, the total arrearage amount can grow significantly. When the court finally tallies up all the missed or partial payments, that entire past-due sum becomes an official legal judgment against the non-paying parent.
Non-Custodial Parent Obligations
A non-custodial parent ordered to pay child support has certain legal obligations. First and foremost, monthly complete and on-time payments should be made as outlined in the child support order. Additionally, the non-custodial parent must keep the court, child support enforcement agency and custodial parent updated on any changes to contact information and employment status.
If the non-custodial parent takes a new job or relocates to another city or state, they are legally required to provide updated contact and employer details. This rule ensures that the child support agency and court can collect payments properly. Suppose the non-custodial parent loses a job or changes employment. In that case, they must also promptly notify the court so the child support amount paid can be adjusted by the court up or down accordingly.
How to Collect Back Child Support
When an arrearage exists because of non-payment by the non-custodial parent, there are several legal avenues the custodial parent can pursue to collect the past due amount owed. Consulting with an experienced child support attorney is highly recommended, as they can advise on the most effective options based on the specific circumstances.
One of the most common and successful ways to collect an arrearage is through filing a contempt of court motion against the non-paying parent. The custodial parent's attorney files a legal petition with the court, such as a Motion for Contempt or Order to Show Cause.
To prove contempt, the custodial parent must show that:
- A valid court order was in place requiring the non-custodial parent to pay a specific amount of monthly child support,
- The non-custodial parent failed to comply with that order and
- They have no reasonable justification for the non-payment. If the judge determines the non-payment was in contempt of the order, severe penalties can be imposed by the court to coerce payment.
Possible contempt penalties include:
- Wage garnishment.
- Property liens.
- Revocation of driver's or professional licenses.
- Denial of passport renewal.
- Jail time is required in some cases.
The court may also order the non-paying parent to pay all the custodial parent's legal fees. These strict measures are often highly effective in collecting past-due support when the non-custodial parent can pay but has willfully avoided payments.
How to Get Child Support Paid On-Time
For parents currently owed monthly child support, ensuring on-time payment of current and future support is also crucial. The most reliable method is mandatory income withholding by the non-custodial parent's employer.
When a child support order is established, the court order usually includes income withholding provisions. This court order requires the non-custodial parent's employer to automatically deduct the monthly support amount from their paycheck and send it to the state's child support enforcement agency. The agency then disburses payment to the custodial parent.
Income withholding creates consistent payment, even if the non-custodial parent changes jobs or relocates. The child support order, along with arrearage payment if applicable, follows them and remains enforceable.
Some other benefits of mandatory income withholding include:
- Removes responsibility from the non-custodial parent to make payments manually. Withholding happens automatically without relying on them to remember.
- Continues uninterrupted if the non-custodial parent is fired, quits, or switches employers. The new employer must honor the withholding order.
- Mandatory income withholding provides payment recordkeeping and disbursement services through the state agency.
- Mandatory withholding also permits easy addition of arrearage payment to the monthly withheld amount.
Custodial parents who owe support should consult an attorney to ensure the child support order mandates income withholding by the non-custodial parent's employer. This decisive action can prevent many issues with late and missed payments.
Penalties for Failure to Pay Child Support
If a delinquent non-custodial parent continues refusing to pay current child support or arrearages, the custodial parent does have additional legal options to enforce the court order. These enforcement mechanisms involve severe penalties that motivate financially able parents to comply with child support obligations.
Some potential penalties for failure to pay child support include:
- Contempt charges, wage garnishment, and property liens, as previously discussed
- Suspension of driver's, professional, and recreational licenses. Many states authorize child support agencies to request suspension of licenses if a parent falls behind on payments. This penalty provides an incentive to avoid falling behind.
- Financial account levies. A child support agency can seize funds from the non-paying parent's bank accounts and financial investments to satisfy support debts.
- Passport denial. Under federal law, non-custodial parents who owe at least $2,500 in child support can be denied new or renewed passports until debts are paid.
- Interception of insurance settlements, legal settlements, lottery winnings, and other lump sum payments. Child support programs can intercept these funds to cover arrearages.
- Reporting to credit bureaus. Unpaid child support may be reported to credit agencies, negatively impacting the non-paying parent's credit rating.
Though severe, these penalties underscore the legal requirement to pay child support and encourage compliance. Custodial parents should keep records of all missed or inadequate payments to support enforcement actions.
Federal Government's Role in Child Support Enforcement
The federal government coordinates with state and local child support agencies to track and enforce against parents owing child support. The Federal Office of Child Support Enforcement (OCSE) operates a vast interconnected infrastructure that locates parents, monitors arrearages, and imposes penalties such as passport denial.
Some of the OCSE's child support enforcement tools include:
- The Federal Parent Locator Service (FPLS) - Provides state agencies access to information from the IRS, Social Security, corrections departments, and other sources to locate non-paying parents across states.
- The National Directory of New Hires (NDNH) - This directory provides wage, employment, and unemployment information used to locate and withhold income from parents owing support.
- The Passport Denial Program - Tracks and certifies child support arrearages to deny new or renewed passports to delinquent parents.
- The Federal Tax Refund Offset Program - Intercepts tax refunds from parents who owe past-due support and remits payment to custodial parents.
In addition, the OCSE monitors each state's child support enforcement program. It audits performance, provides funding and oversight, regulates the distribution of collected payments, and levies penalties on states for poor performance.
Following Actions to Collect Past Due Support
Collecting overdue support feels like an uphill battle for owed parents. But staying organized and informed on the process can help turn the tide in your favor. Here are some critical next steps:
- Gather all records related to your child support order, payment history, contact information for the non-custodial parent, and other documentation. Thorough records make it easier to demonstrate violations.
- Learn about state laws and federal programs regarding the collection of arrearages. Knowledge is power - arm yourself with information on the various enforcement mechanisms.
- Calculate the exact arrearage amount owed by tallying all missed and partial payments. Document how you arrived at this amount.
- Hire an experienced family law attorney. Legal expertise is vital to successfully enforcing child support orders and collecting past-due payments.
Remaining proactive and diligent is critical. With a hands-on approach and legal support, custodial parents can take control and pursue child support crucial for their children's wellbeing.
Conclusion
Indeed, a non-custodial parent's failure to pay can make it very difficult for parents to obtain regular and timely child support. The custodial parent, judgment interest, payment tracking, contempt proceedings, income withholding, penalties for non-payment, and utilization of federal enforcement tools must understand arrearages.
Parents can ensure they get overdue payments and enforce future support orders by having an in-depth understanding of collecting child support and firm legal representation owed. Children deserve financial support as ordered by the courts. And the parents owed child support should be enabled to fight for their rights for such entitlements
Disclaimer:
The content provided on this blog is for general informational purposes only and is not intended to constitute legal advice. Laws and regulations are complex, frequently subject to change, and may vary depending on jurisdiction. As such, readers should not act upon or rely on any information presented on this blog without first consulting with a qualified and licensed attorney who can address and tailor guidance to your unique legal circumstances.
Disclaimer:
The content provided on this blog is for general informational purposes only and is not intended to constitute legal advice. Laws and regulations are complex, frequently subject to change, and may vary depending on jurisdiction. As such, readers should not act upon or rely on any information presented on this blog without first consulting with a qualified and licensed attorney who can address and tailor guidance to your unique legal circumstances.
