When the child support payments you have been relying on stop arriving, it has the potential to throw your financial stability and your child’s wellbeing into jeopardy and cause a stress-inducing situation that many custodial parents unfortunately face far too often. Understanding your rights and the tools available to enforce child support orders can help ensure that your child receives the support they deserve. In this article, we’ll explore what to do when you don’t receive child support, ranging from simple legal actions to federal prosecution, providing you with a starting point for what to do should these challenging circumstances arise.

Types of Child Support

Child support is a legal obligation that noncustodial parents must fulfill to ensure the well-being and financial security of their children. Let’s take a closer look at the different types of child support that help define what your child is entitled to, and under what circumstances.

Basic Child Support

This is the ongoing, periodic payment made by a noncustodial parent to the custodial parent to assist with the child’s everyday living expenses. It covers essential needs such as food, shelter, clothing, and basic educational requirements. Some items not covered by child support include extra-curricular activities, and unreimbursed medical expenses. Payment for any of those items can be add-ons, in addition to basic support.

Retroactive Child Support

In some instances, a parent may be required to make payments that cover the period before the child support order was established. This type of support accounts for the financial assistance that should have been provided from the first-time child support was requested by the custodial parent by their filing of a petition seeking support in Court.

Child Support Arrears

Arrears occur when a noncustodial parent falls behind on their scheduled child support payments. These overdue amounts accumulate over time and can lead to significant financial liabilities for the paying parent. Custodial parents should understand that they have the right to exert a claim over these unpaid funds, which are vital for the child’s upbringing.

How to Enforce a Child Support Order

When child support payments are not made, there are steps you can take to enforce the order. Legal measures may be employed to ensure compliance and secure the financial support owed to your child. Here are the primary means of enforcement when supporting parents refuse to pay child support:

1. Engaging state agencies: Many custodial parents start by contacting their state’s child support enforcement agency. In New York, the agency that handles this is called the Child Support Collections Unit (SCU). These agencies can take several possible actions, such as causing payments to come through their offices; withholding income from the non-paying parent’s wages, intercepting tax refunds, and even denying certain licenses and passports.
2. Court intervention: A court can impose its orders through various means, including an order for SCU to garnish wages, seize property, and freeze bank accounts. Furthermore, the court can hold a non-compliant parent in contempt, potentially leading to fines or imprisonment.
3. License suspension: As a more direct enforcement tool, states have the authority to suspend the driver’s license, professional and/or recreational licenses (such as hunting or fishing licenses) of parents who fail to make child support payments. This is often implemented by the SCU and creates a strong incentive for compliance due to the practical limitations it imposes on the non-paying parent’s daily activities.
4. Legal representation: Consulting a family law attorney can provide significant advantages. Lawyers who focus on child support issues can help guide you through the legal system, represent you in court, and ensure that all paperwork and proceedings are handled correctly to maximize the likelihood of receiving owed payments.

Tools for Collecting Child Support

Once arrears or a judgment for unpaid support is Ordered, enforcing compliance sometimes requires the use of specific legal tools designed to collect payments from non-compliant parents. Here are some of the most effective tools at your disposal:

• Wage garnishment: One of the most straightforward and effective tools for collecting overdue child support is wage garnishment. This process involves a court order that directs the noncustodial parent’s employer to withhold a portion of their wages for child support payments directly. This method provides for regular and uninterrupted support payments.
• Intercepting federal and state tax refunds: If a noncustodial parent is due to receive a tax refund, both federal and state governments can intercept these funds to cover outstanding child support. This tool is again enforced by SCU and is particularly effective during tax season when significant sums might be redirected to meet child support obligations.
• Property liens and seizure: Courts can also authorize the placement of liens on property owned by the non-paying parent, such as real estate, vehicles, and other valuable assets. In extreme cases, property can be seized and sold to cover unpaid support.
• Bank account levies: Another powerful enforcement tool is the levying of bank accounts with a Money Judgment for arrears. This process involves freezing and withdrawing funds directly from the noncustodial parent’s bank accounts to satisfy child support arrears.
• Denial of passports: For parents who owe a certain amount in back child support (currently $2,500 or more), the U.S. State Department can restrict their ability to receive a passport. This limitation can be a compelling motivator for settling outstanding child support.

Speak With a Family Lawyer Today!

Having to engage with the legal mechanisms of child support enforcement can be intimidating, especially when facing a non-compliant co-parent. While the tools and methods described above provide a robust framework for enforcement, individual cases may require specific legal strategies that only a skilled family lawyer can offer. Consulting with a lawyer who focuses on family law can provide clarity, peace of mind, and a path forward for custodial parents in difficult financial situations.

A family lawyer can help you understand your rights, the key points of your state’s child support laws, and the most effective steps to take in your particular situation. Whether this involves initiating the enforcement process, navigating court procedures, or dealing with interstate child support issues, a lawyer is your best resource for achieving a resolution that ensures your child’s needs are met.

Don’t wait for the situation to resolve itself. Take proactive steps today to secure the support your child deserves. Contact us to speak with a family law attorney about your case, understand your options, and start the process of enforcing or obtaining a child support order. Remember, every child deserves the support and resources they need to grow and thrive.