It is a federal crime for someone to refuse to pay the child support officially ordered by a court, and when back support payments are due, there are some power legal means the custodial parent can use to collect them. However, the options vary by state, so those attempting to take advantage of these laws should research their state statutes to learn what is available to them.
Enforcement Options
Many states allow significant penalties for those who fail to provide the support ordered for their minor child. Some may cause damage to their credit score for years to come, and others may influence their ability to earn a living or practice their profession. While these laws vary by state, they may include:
- Wage deductions allowing the state to collect past due child support directly from the obligor’s employer and transfer it to the custodial parent. After 1994, all child support orders include an automatic authority to begin such deductions.
- Liens and property seizure, if the obligor has assets in their name. This can include bank accounts, real property, stocks, and more. This involves going to court to receive a Writ of Execution to seize these assets.
- Tax refund interception allows the state to appropriate funds from large tax refunds to pay back child support; however, if the refund is shared by the obligor and their new spouse, those funds will be separated.
- License revocation for anything from a driver’s license to a fishing license, to a professional license to practice law or medicine. If the arrearages are large enough, the state may withhold such licenses or revoke them.
- Contempt of court orders can be issued if the custodial parent files a petition for such action. This may result in fines or jail time or both.
- Collection agencies may be used by some parents to pursue the obligor, although such agencies generally work on a contingency fee basis, charging a percentage of the amount collected.
- Establishing a trust, when the obligor has sufficient assets to do so. This puts a hold on those assets, to be drawn by the state for the custodial parent as they are due.
- Criminal prosecution, either state or federal, if the obligor has crossed state lines to avoid payment. If the obligor is apprehended and found guilty in court, they may be jailed or put on probation until the arrearages are paid.
In some cases, the obligor cannot be found and those back child support payments cannot be collected. In those cases, the state allows custodial parents to use their Parent Locator Service, which compiles information from the Social Security Administration and the Internal Revenue Service to find the obligor and enforce payment.
Getting Legal Help with Forcing Payment of Back Child Support
Each of the processes available in a state can be expedited with the help of someone familiar with the laws and the system. While it may be expensive to enlist the aid of a child support attorney, some work on a contingency basis and only expect payment as a percentage of the back support payments when they are received. In other cases, the legal fees may be collected from the obligor when they are found and their assets are used to bring support payments current.
