Your Family Matters

Enforce Child Support Payments

| Feb 25, 2019 | Firm News

The amount of child support payments not paid each year is staggering. The U.S. Census Bureau reported that 30.7% of child support was not paid in 2015 and 25.8% of non-custodial parents made partial payments.

Even with a court order or formal agreement, a parent can find himself or herself frustrated when trying to collect child support. A family law attorney can help you if your ex doesn’t pay child support.

You can file a petition to enforce child support with the court. Your local child support enforcement office can also use the following administrative remedies:

  1. Withhold federal tax refunds and Apply those funds to unpaid child support
  2. Garnish wages from the payor’s paychecks
  3. Seize property
  4. Suspend an occupational license
  5. Suspend a business license
  6. Revoke the delinquent payor’s driver’s license
  7. Deny issuance of a passport to someone who owes more than $2,500 in child support

Important Facts To Know

Past Payments: If a pay0r finds him or herself behind in payments, called “in arrears,” he or she can ask a judge for a reduction of child support payments. However, only future payments can be reduced, and the pay0r is obligated to pay past due child support in full.

Bankruptcy: Child support debt can’t be discharged by bankruptcy because of the public policy preventing parents from using bankruptcy as a way to avoid supporting their children.

Out of State: The Child Support Recovery Act of 1992 makes it a federal crime for a parent to refuse to pay child support to a parent living in another state. Congress also passed the Deadbeat Parents Punishment Act of 1998, making it a felony for a parent to refuse to pay child support to a parent living in another state.

The Law Offices of Joseph H. Nivin is on your side and can help you to enforce child support payments. Contact us today.