A child support order is a type of order from a court directing a parent to pay the other parent a specific amount of money in order to provide financial support for their child or children. A child support order is legally binding, which means that it cannot be avoided.
If a parent who is ordered to pay child support wants to have their order changed, they need to apply to the court for a change. A child support order may be issued either by a state government agency or a state court.
The purpose of child support payments is to help meet a child’s need for:
- Health care;
- Education;
- Housing;
- Food;
- Clothing;
- Other essentials.
Every state has its own formula that courts in the state use to calculate the amount of child support that should be paid for each of the children. This formula will take into account numerous factors, including:
- The child’s living expenses;
- The child’s medical needs;
- The paying parent’s income;
- Other factors.
Of course, if there is more than one child, the support payment will be higher. The amount paid reflects the number of children to be supported.
What Is a Child Support Payment History?
Both parents of a child or children have a legal duty to provide financial support for their children. A court may order a non-custodial parent to make ongoing payments to cover their children’s living and medical expenses.
Evading child support payments is a very serious charge. The consequences an individual may face for evading child support include:
In these situations, it is important for an individual to be able to provide child support payment records showing evidence of their payments.
How Is Child Support Paid?
When child support is mandated by a court-issued child support order, there will be information regarding how and when the child support must be paid in addition to the amount that must be paid. Child support payments can be made differently in different locations.
In certain states, child support is paid directly to the custodial parent, while in other states, child support payments are made to a state agency. If an individual does not make their child support payments, they will be paid through a garnishment of their wages.
It is important for an individual to follow the specific rules of their child support order when they are making their payments to ensure their payment is made to the correct recipient. An individual may face contempt charges if they made payments to the other parent when they were supposed to make payments to a state agency.
What About Referencing Child Support Payments?
If an individual has any issues surrounding child support payments, their child support payment history can be examined. Major legal issues that may arise include:
- The failure to pay child support;
- Requests by employers who are seeking more information regarding child support payments;
- Any requests for a modification, adjustment, or a cancellation of a child support order;
- Requests for back payments, which refer to any payments missed in the past.
Child support history payments are used when a dispute arises between the parents, and there is a need to verify how much money is owed. For example, one parent may have missed child support payments, and the other parent may be requesting back payments.
In these situations, a court may need to examine the parent’s child support payment history in order to determine the amount that the parent will be required to pay.
Is It Important to Get Proof of Payment?
Assume that an individual was ordered to make child support payments directed to the other parent. In that case, they may request copies of canceled checks from their bank showing that the other parent deposited and received those payments. These canceled checks from the bank can demonstrate that an individual did not pay their child support late if they were deposited in a timely fashion, and the bank can provide the dates the checks were deposited.
If an individual made cash payments, they can provide bank statements that show regular withdrawals of cash. An individual can also pay using a money order if they do not have a bank account.
In those situations, an individual should save the money order receipts as a form of proof they made the payment. It may also be possible to subpoena the other parent’s financial records or bank account information to prove that they made their payments.
Suppose an individual’s payments were deducted from their paycheck using a wage garnishment or other direct payment methods. In that case, they can request information from the human resources department or individual who is in charge of paying the garnishment order. An individual can request a receipt or pay stub when the payments are deducted to show proof of payment.
If an individual pays child support directly to a child support agency, that agency can provide records that show that they have paid. The child support order will indicate the agency that receives the payments, and you can contact the child support assistance division of the agency to ask for a record of all payments.
If there are inaccurate child support payment records, an individual may request canceled checks from their bank or provide receipts from money orders showing they made payments. The individual can then provide that proof to the agency and request that they correct the records.
If there are inaccurate records, you can request canceled checks from your bank or provide receipts from money orders which show that you made the payments. You can then give the proof to the agency and ask them to correct the records.
What Happens if Child Support Is Paid Late?
Technically, child support payments are late if they are not paid on the date that is specified in the court order. In general, however, the receiving parent will not take action if the payment is only a few days late.
However, if payments are habitually late or are unpaid for several months at a time, the paying parent can expect that the receiving parent will take action to collect the unpaid support payments. This arises when the receiving parent asks the court to enforce the order or if they turn to other government agencies for help in enforcing the child support obligation.
The first step is the receiving parent files a motion for contempt of court in the family law court that issued the child support order. The receiving parent would need to show:
- The parent who was ordered to pay did not pay;
- How much money is owed;
- How long the money has been owed.
The court then has a number of different ways it can enforce the order, which may include:
- Declaring that the non-paying parent is in contempt of court;
- Garnishing the wages or other income of the non-paying parent;
- Suspending the non-paying parent’s driver’s license;
- Issuing a lien against the personal or real property of the non-paying parent;
- Freezing the non-paying parent’s bank accounts;
- Reporting the non-paying parent’s debt to credit reporting agencies;
- Sentencing the non-paying parent to jail time until they pay the required child support.
Where Can You Find the Right Lawyer?
Child support payments are very important, and it is essential to comply with the directions of your court order, whether you are the paying or receiving parent. If you have any legal issues related to your child support payments or you need to request a modification, you should consult with a child support lawyer who can assist you with all of your legal needs.
