Child Support Issues And Enforcement

Law Blog

The family courts take a hard line on issues dealing with children during a divorce. They rightfully take a protective stance for minor children, often placing the well-being above that of the adults involved in the divorce proceedings. The courts expect the non-custodial parent of the child to help financially support that child, and support orders may be issued as soon as the marital separation occurs. When it comes to meeting this obligation, the courts do not play around, so read on to learn more about child support enforcement.

Child Support Orders

The parent ordered to pay child support will be legally obligated for this financial payment until the child reaches age 18, although some courts order that support be continued through college. The amount is usually based on a number of factors, such as the income and state laws. It should be mentioned that child support is administered through state law, but is enforced nationwide. Moving to another state just transfers that obligation to the new state.

What if You Don't Pay?

The courts have devised some relatively harsh punishments for those who fail to meet this important obligation. Since it's difficult to make child support payments when incarcerated, you may face jail or even prison in some instances but the courts try to work with parents who get behind. If you just ignore your obligation, however, you might be facing:

  • Fines resulting from contempt of court charges.
  • Wage garnishment, where the child support is taken directly from your salary by your employer.
  • Property liens, which prevent you from selling property or real estate.
  • Tax refunds withheld.
  • Being kicked out of government aid programs like Social Security disability, housing assistance, and more.
  • Driver's license revocation..
  • Jail or prison.

What if You Can't Pay?

Since your obligation is based on your income at the time of your divorce (among other things), you may be able to get the support order altered by requesting a hearing and proving the income change. Likewise, if you have lost your job or become too ill to work, you may also be able to get a temporary adjustment. Keep in mind, however, that the courts are reluctant to reduce funds to children because of an adult's mistakes.

If you find yourself falling behind on the payments, don't ignore the problem. Contact the child support enforcement authority in your area and work with them to create a repayment plan to get caught up.

Discuss child support enforcement with your divorce or family law attorney right away. Contact a firm, like Kelm & Reuter, P.A., for more help.

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