There are more ways than ever for a custodial parent to get their child support arrears paid when their obligor fails to maintain those payments. Sadly, many single parents find themselves in position to need such help, since twenty-five percent of those parents do not receive any of the support to which they are entitled. It does not have to be that way, since there are government and private means by which they can pursue those child support arrears, or overdue amounts.
Enforcing Child Support
Parents have a legal right to seek law enforcement help in pursuing child support arrears. Child support is a court order, and anyone who fails to obey that court order faces legal penalties. The difficulty many parents face is finding the obligor and pursuing the legal means to obtain past due support amounts. Some of their options for enforcing child support include the following:
- Many child support arrangements carry an automatic order for wage deductions if the obligor fails to make even one payment. This is an effective collection procedure for those with regular jobs, however, those who change jobs often, are self-employed, or are unemployed, this is either partially effective or of no help at all.
- If the payer is due a large tax refund, the custodial parent may be able to have state agencies intercept that payment and redirect it to make up missing child support payments. It must be remembered, however, that if any portion of that return is due a new spouse of that obligor, it must be separated out of the amount redirected to the custodial parent.
- One of the most effective means of obtaining past due child support payments is to have the state revoke their driver’s license, or withhold other professional licenses. This can apply to doctors, lawyers, barbers, or plumbers, and it can even include business licenses. For those sincerely attempting to earn the money to pay back child support, losing their driver’s license or business license may have a detrimental effect. However, for others, this is often a powerful incentive to pay the amount due.
- Those who fail to pay court-ordered child support can be charged with contempt of court. That charge can result in fines or jail time.
In addition to state-ordered collection processes, the Uniform Interstate Family Support Act allows parents to pursue collection processes in other jurisdictions, even across state lines, though the laws may be different in those locations.
Getting Legal Help with Collecting Child Support Arrears
Parents facing financial problems due to their former spouse’s failure to pay child support are often confused and struggling to find a solution. While the cost of obtaining professional help may seem out of reach, the expertise of an experienced child support attorney may provide the guidance a parent needs. That is often especially true if their lawyer works on a contingency fee basis, only collecting a percentage of the amount they actually collect.
