Sadly, too many parents are unable or unwilling to keep up with court-ordered child support payments today, but the courts now have many methods of enforcing child support orders. In fact, the laws have been changed so that there are some automatic processes that can be employed the minute the non-custodial parent misses even one payment. Since only about half of all custodial parents with support orders receive all of the amount owed each month, this is a serious problem. However, there are a number of steps available to attempt to obtain that support.
Enforcing Child Support
When a marriage dissolves, or when a parents do not live together, the child suffers in many psychological and emotional ways. However, they should not have to suffer in financial ways, as well. Legislators and courts agree, and in many divorces, child support is an essential element to be established. Even unmarried parents have the right to go to court and seek child support orders. When those orders are established, they constitute a legal requirement that must be met. If not, the custodial parent has a number of options they can employ for enforcing child support payments:
- Wage deductions – the parent can request the court or state clerk to order that the regular support payments be deducted from the parent’s wages. Such orders can also be in effect until all arrearages (missing or late payments) are brought up to date. After 1994, all child support orders contain an automatic approval for wage deductions. These orders work well when the payer has a regular job; however, if they change jobs regularly, are self-employed, or are out of work, they are generally ineffective.
- Tax refunds – the state can intercept a large tax refund to cover late or missing payments, but this is often only useful once. The next year, a parent may change their deduction options to ensure a smaller refund that is not worth intercepting.
- License revocations – the state can order that driver’s licenses or professional licenses be revoked when parents do not pay child support as ordered. The primary drawback to this option includes making it difficult for someone with low income to make the money needed to catch up or keep up with support payments.
- Contempt of court – this is a legal order that may result in a fine or jail time for the parent who does not make support payments. However, the custodial parent must go to court to obtain this order.
- Interstate laws – the Uniform Interstate Family Support Act requires that when an obligor lives in another state, that state can enforce child support laws just as the original state where the orders were issued would.
Getting Legal Help with Enforcing Child Support Orders
Once a court issues support orders, it can be a simple process to obtain additional legal help in enforcing those orders. However, no matter what the court does to threaten or make life difficult for the obligor, many still find ways to avoid payment. While obtaining the services of an attorney is not required for all of these steps, when a custodial parent knows the other parent has the funds to pay and just refuses to do so, a lawyer may be able to make sure the obligor pays what is owed and pays the lawyer’s fees, as well.
