Child Support Enforcement Agencies in many states are becoming increasingly aggressive in enforcing collection of child support. The powers of some states to enforce child support are very broad and include a variety of remedies. Every state has remedies to help collect child support. The type of action that can be taken varies from state to state.
The Child Support Enforcement Act of 1984
This act allows district attorneys or state attorney generals to collect child support for the custodial parent. In some cases, a non-custodial parent will be required to make a payment plan with the district attorney or state enforcement agency.
Other enforcement in each state includes recovery of federal tax refunds and often state tax refunds. If the non-custodial parent owes more than $2,500 in child support, he will be denied a passport until he pays the arrears in full. Under the Act, other methods of collecting child support are garnishing wages, using liens against personal property and real estate, and in some states, suspending the debtor's professional, recreational and driver's licenses. While the wisdom of the suspension is being continually debated, especially since it does not permit the non-custodial parent to drive to a job interview, it is nevertheless allowed in many states such as Alabama and Maine.
If all other methods have been exhausted, the non-custodial parent may be faced with a contempt order in court and possible jail time. A non-custodial parent may have to show that he is seeking work to avoid jail.
Courts Can Help With Child Support Collection
If a non-custodial parent owes back-child support, called "arrearages," a court or enforcement agency may allow a pay-out plan or they may require the full amount to be paid. In some states, a non-custodial parent can petition the court for a downward modification of child support, but certain states, like New York, rarely grant the application, while other states, such as Maine, often grant the application if there has been a change in circumstances in the debtor's wages and in the number of other dependents he has. Some states will not take other dependents into consideration and will look to enforce the last order. Lowering child support is, in most states, not readily granted, and if it is, some judges may require the arrears to be paid first.
Other Actions By State Enforcement Agencies
In addition to the enforcement actions listed above, some state agencies may freeze bank accounts and other funds, intercept bonuses, lottery and gambling winnings, and report the debtor to credit bureaus. Other remedies include intercepting personal injury settlements, unemployment compensation and workers' compensation settlements.
Seek Legal Advice
Consult with an attorney if you are either the custodial or non-custodial parent and have questions about child support enforcement in your state.
