What Happens When A Parent Doesn’t Pay?

When parents separate or divorce, child support orders are often put in place to ensure that both parents contribute financially to the upbringing of their children. But what happens when a parent fails to meet their child support obligations? Our friend Amanda at Flat Fee Divorce Solutions shares what happens when a parent doesn’t pay child support and the enforcement tools available to parents.

Consequences Of Non-Payment

Failing to pay child support can have serious consequences, both legal and personal. Here are some of the potential repercussions as a divorce lawyer can share:

Contempt Of Court: A judge can hold a non-paying parent in contempt of court, which can result in fines or even jail time.
Wage Garnishment: The court can order the non-paying parent’s employer to withhold a portion of their wages to satisfy the child support debt.
Liens: A lien can be placed on the non-paying parent’s property, such as their house or car, which can prevent them from selling or refinancing the property until the debt is paid.
License Suspension: The court can suspend the non-paying parent’s driver’s license, professional license, or even their passport.
Credit Reporting: Child support arrears can be reported to credit bureaus, damaging the non-paying parent’s credit score.
Interception Of Tax Refunds: The government can intercept the non-paying parent’s tax refunds and apply them towards the child support debt.
Passport Denial: The non-paying parent may be denied a passport if they have significant child support arrears.

Enforcement Tools

Parents have several tools available to enforce child support orders:

Contacting The Child Support Agency: Child support agencies can help locate non-paying parents, establish paternity, and enforce child support orders. Often they do this for free. Their services can include garnishing bank accounts and tax returns and having the state suspend the non-paying parent’s driver’s license.
Filing A Motion For Contempt: A parent can file a motion with the court asking the judge to hold the non-paying parent in contempt of court.
Hiring An Attorney: An attorney can help a parent navigate the enforcement process and pursue all available legal remedies. In some states, like Illinois, privately retained attorneys cannot garnish tax returns or have a license revoked though.

Factors Considered By The Court

When enforcing child support orders, the court will consider several factors, including:

The Non-Paying Parent’s Ability To Pay: The court will assess the non-paying parent’s income, expenses, and assets to determine their ability to pay support.
The Reason For Non-Payment: The court may consider whether the non-payment was due to factors beyond the parent’s control, such as job loss or illness.
The Child’s Needs: The court will prioritize the child’s needs and ensure they receive adequate financial support.

The Importance Of Communication

If you’re struggling to pay child support, it’s important to communicate with the other parent and the child support agency. In some cases, it may be possible to modify the child support order to reflect a change in circumstances. This does require a court order in many states. Ignoring the issue or avoiding communication will only make the situation worse.

Protecting Your Child’s Future

Child support provides children with the financial resources they need to thrive. Enforcing child support orders is not just about collecting money; it’s about ensuring that children receive the support they deserve.

If you’re facing challenges with child support enforcement, don’t hesitate to seek legal guidance. An experienced family law attorney can help you understand your rights, work through the legal process, and protect your child’s future.