Collect Child Support
Child support enforcement agencies, custodial parents, judges and district attorneys use several different methods to collect child support. Unpaid child support accumulates when the parent does not pay what is owed. Ultimately the child is the one that suffers the most.
A “contempt of court” happens when a parent is owed child support. They can schedule “a show cause” hearing before a judge. The other parent is required to show why the support has not been paid. If the non-custodial parent is a no-show, the court can issue an arrest warrant, which could lead to a couple nights in the local jail. Unfortunately, court hearings are the second-most frequently used child support enforcement method, after wage withholding.
The court can enforce the following techniques to ensure that child support payments are enforced:
More
- Property Liens- A custodial parent can place a lien on the payer’s real or personal property and it will stay in effect until the payer pays up or until the custodial parent removes the lien. In some cases, the custodial parent can force the sale of the other parent’s property.
- Interception of lottery winnings or tax refunds- the custodial parent can call upon the Treasury Department for help. The state can intercept tax refunds to satisfy child support debts and in many states with lotteries, the custodial parents can apply to the state for an interception of the other parent’s lottery winnings.
- Reports to credit bureaus- If the amount owed on child support exceeds $1,000 the information can find its way onto the owing parent’s credit report. Child enforcement agencies are required by federal law to report known child support arrears of $1,000 or more. Most child support agencies send information about the child support order to credit bureaus, even though child support payments are current.
- Posting bonds or assets to guarantee payments- Some states allow judges to require parents that owe child support to post bonds or assets, such as stock certificates, to guarantee payments.
- Refusal to renew professional license- Custodial or professional licenses of people behind on child support will not be renewed. These include recreational, personal, business or professional, such as contractor, attorney, doctor, cosmetologist or hunting and fishing license. Without a license, the payer cannot legally practice her or his profession or enjoy a favorite pastime in the state.
- Reporting to most-wanted lists- Some state are encouraged to come up with creative ways to embarrass non-payment of child support by parents in an effort to force them to come up with payments. Some states now publish “non-payment” or “most wanted” lists of parents who owe child support.
- Wage and property garnishments- Another way to collect child support is through wage and property garnishment. A wage garnishment for child support is very similar to one for a tax debt. This is where a portion of the non-custodial parent’s wages is removed from the paycheck and delivered to the custodial parent. The amount of a wage garnishment is a percentage versus an originally agreed amount set by the court. The amount originally ordered to pay is irrelevant.
- Refusal to renew or suspension of driver’s license- Some states do not allow parents that owe child support to possess or renew a driver’s license until they meet their child support obligations.
- Passport denial- The nonpaying parent may lose his or her passport privileges if their case is in arrears by $5,000 or more.
- District attorney assistance- In some states a district attorney is required to help a custodial parent who has not received child support.
There is also the possibility of tapping pension plans to pay spousal and child support. This order can be used to collect child support from the funds in a retirement plan under certain conditions. Pensions plans are a particularly good source for support because the plan administrators normally want to make a lump sum payment, not a series of payments. This basically works like a garnishment of wages and is sent directly to the recipient. Unfortunately this way makes the payments taxable income for the recipient and they are subject to withholding tax. You should only use this option when no reasonable alternative exists to collect the child support payments.
An experienced child support attorney can guide you in the best path of recovering past child support. Contact a child support attorney today.
See Also: