Child Support Recovery

If you are receiving child support payments on behalf of a child or children, and the other parent is not making timely or complete child support payments, there are legal options available that you can take to enforce court-ordered child support. If you are obligated to pay child support, you should be aware of some measures that can be taken if you fail to fulfill your support obligation.

For example, to initiate this process, you can browse through the Frequently Asked Questions pages linked from the Child Support Resources page on the Department of Human Resources website (specific to each state).

Furthermore, you can request the local Child Support Agency to enforce the order. For instance, In Maryland, each county has a Child Support Enforcement Agency location that can assist custodial parents in establishing an order for and collecting child support from the other parent. A list of locations is available in an online database system. Additionally, this agency is responsible for collecting child support for families receiving cash assistance. Remember that if you receive cash assistance in Maryland, you must assign child support rights to the state.

This implies that the state of Maryland will have the right to collect the child support owed to you as reimbursement for the cash assistance you are receiving from the state. But, you are obligated to assist in locating the parent who is absent from the home. If you fail to cooperate, you may be denied public assistance benefits.

For families that are not receiving public assistance, the local child support agency can still help the parents. The agency may assign a child support worker, and if necessary, an attorney will attend court to enforce the order. To apply for the agency’s assistance, you must complete an application and pay a one-time, non-refundable fee.

In addition to the application fee, your case will be charged annually after receiving the amount in child support collections for that year. The fees and amount of child support will vary depending on your state. You can check your local state website for more information.

What Happens When the Parents Fail To Pay on Time?

If the non-custodial parent does not pay on time or does not pay in full, the child support enforcement office may take the following actions:

• Withhold child support from wages and unemployment benefits, Workers’ Compensation claims, etc.;
• Intercept federal and state tax refunds to fund the child support arrears;
• Report parents owing past-due support to credit bureaus;
• Report parents owing child support to new employers;
• Refer parents owing past-due support to the Motor Vehicle Administration for driver’s license suspension;
• Intercept Maryland lottery winnings to pay child support arrears;
• Garnish accounts at financial institutions;
• Request the suspension or revocation of a professional or recreational license;
• Bring contempt of court actions against the delinquent parent;
• Issue an administrative lien on real or personal property and seize assets for past-due support;
• Deny the issuance or renewal of a passport; and
• Refer cases for federal prosecution when non-custodial parents move to another state to avoid paying child support.

What is a Wage Assignment?

A wage assignment is a unique procedure that permits the court to order an employer to make direct payments to the custodial parent from the supporting parent’s wages. You can seek the other parent’s wages to be withheld, and the payment is sent directly to you through an earnings withholding order. You can request the court for this order when child support is first granted or later on if the person fails to pay support.

A notice of this action must also be served on the paying parent’s employer. The employer will deduct child support like any other deduction from the paying parent’s paycheck and send the money directly to the custodial parent. This is considered a valuable tool if the non-paying parent has a steady job.

How do Courts Enforce Child Support Orders?

If a person willfully disobeys a lawful child support order, they can be found in contempt of court. Once the court rules that a person is in contempt, the court can order several remedies, including that the person is temporarily imprisoned until they pay a certain amount established by the court to “purge” the contempt. The civil contempt action is typically brought by the custodial parent or the local child support agency acting on their behalf.

However, if you are representing yourself, you can see a Petition for Contempt on any state courts’ website. Once the petition is filed, the non-paying parent must be notified (served with the process). Later, the court will schedule a hearing to decide if the person should be found in contempt. It is important to date your investigation request and maintain a copy for your record. The Child Support Enforcement Administration must investigate and notify you of the results.

What if Your License is Suspended?

If your driver’s license has already been suspended, you can try to file a motion to reinstate your driver’s license with the court which issued the child support order. You must include in your motion why you think the suspension is in error and or why you believe it is in your children’s best interests to reinstate your driver’s license. For instance, you may need your license to complete training school.

The Child Support Enforcement Administration must inform the MVA to reinstate your license once the arrearages (amount of money owed) are paid in full or if you have “demonstrated good faith” by paying the ordered amount of support for some consecutive months after the suspension. Depending on which state you reside in, this may vary, and it is crucial to check the local regulations regarding reinstating your license requirements.

If you are currently working and your driver’s license has been suspended, you can request a work-restricted driver’s license. To do this, you should obtain an authorization letter from your employer confirming your employment there.

Next, you can contact your agent at your local child support enforcement office and arrange a meeting to present the proof of employment and request a work-restricted license. The Child Support Enforcement Administration will then provide you with the paperwork to take to the MVA to receive the restricted license.

When Do I Need to Contact a Lawyer?

If you are a parent that is supposed to be receiving child support and there have been some issues with this, it may be useful to reach out to your local child support attorney specializing in child support recovery to figure out what your legal options are. Child support is crucial for the child depending on it, and the parent obligated to pay must follow through with the order.

If you fail to do this, as mentioned above, there are several legal actions the state can take to ensure that the payments are received. Therefore, it is recommended to reach out earlier to the agencies if you are struggling to make payments to create a path forward for timely payments. An attorney can provide you with the guidance and advice needed for your specific case to protect your rights. They can also research the laws to determine what your legal options are.