Legal Issues with Child Support Payments

“Child support” refers to the monthly payments that are made from one parent (usually the non-custodial parent) to the other parent (i.e., the custodial parent) for the purposes of caring for their child(ren). The money from a child support payment may only be used to pay for items that affect the health and well-being of the child(en), such as food, clothing, medical needs, school expenses, day care, extracurricular activities, etc.

How Are Child Support Payments Determined?

When a couple is divorcing, important questions include how much will the child support award be, and who will pay it? Each state provides official guidelines so that parents and/or their attorneys can estimate the answers to the question.

As guidelines, they are exactly that – simply guidelines or predictions to be used for suggesting approximate support figures. The guidelines themselves are not meant to replace the actual calculations determined by a court.

Child support awards will incorporate several factors, including:

• Each parent’s gross monthly income from all sources
• How many children each parent has
• Any child support orders already in place for either parent
• Any spousal maintenance orders for either parent
• The amount of any benefits the child(ren) receive from Social Security or the U.S. Department of Veterans Affairs because of a parent’s disability or retirement
• The monthly cost for medical and dental coverage
• The amount of child care costs
• The amount of parenting time each parent will get with the child(ren). Typically, the parent who has the child the greatest number of days/hours will receive child support, and the other will pay it
• Any special educational costs, or physical, emotional or mental needs of the child(ren)

What Happens if One Party Refuses to Provide the Information Used to Calculate Child Support?

If one of the parties does not provide information needed to calculate child support, the court will set child support based on other available evidence, including past work experience and the testimony of the other parent.

The court can also set a minimum amount provided for in the law, including calculating monthly income by assuming that the parent is capable of working at least 30 hours per week and earning 100% of the current federal minimum wage or state minimum wage, whichever is higher.

What Are Some Common Legal Issues with Child Support Payments?

Child support is a complex subject. It often involves many other legal issues, such as:

• Disputes over payment amount calculations
• Late or missing payments
• Recovering back payments
• Wage garnishment or assignments
• Fraud or falsification of information in a child support application

How Are Child Support Disputes Resolved?

Failing to pay child support can have severe consequences. Courts take this responsibility very seriously and will typically give high priority to cases of missed child support payments.

The first thing that can happen when a non-custodial parent misses a child support payment or does not pay the full amount is that the custodial parent can enlist the help of the court and state to have the child support order enforced. One enforcement option is a Motion for Contempt of Court. If a party repeatedly fails to obey an order to pay child support, the other party can ask the judge to hold them in contempt of court.

If the spouse who is supposed to be paying child support doesn’t pay, they will have to be taken to court. The same judge who originally ordered the child support will be in charge of the enforcement process. They will be held in contempt if they were ordered to pay support, knew about the order, and have refused to pay without good reason. A person in contempt of court is typically given a chance to correct the problem. If the parent does not do what the judge orders to correct the problem, the person can actually be put in jail until they are willing to follow the order.

The type of punishment for not paying child support will usually depend on the reasons that a parent failed to pay child support and also on how far behind they are in missed payments. Consequences for not paying child support may include:

• Contempt orders
• Action from a child support collections agency
• Withholding of a tax refund
• Criminal consequences: A criminal warrant may be issued when prosecutors are asked to intervene in a child support case. This can happen when a parent has failed to pay child support for an extended period of time (usually around a year or when the amount owed surpasses $5,000). The parent may then be arrested and will need to appear in court where they can be convicted. A conviction in a criminal case for failing to pay child support can result in heavy criminal fines, a lengthy prison sentence, and the loss of some parental rights.
• The court may order that a lien be placed against the parent’s property until the payments have been made. If the parent fails to do so before the lien period expires, then the property can be seized and sold to pay the child support..
• The missing payments may be reported to credit agencies as debt, which could affect that parent’s credit score.
• The court may revoke or suspend the parent’s driving privileges and recreational licenses such as hunting licenses.
• In a worst case scenario, the court may even revoke a professional license like one issued by an attorney’s bar association or a doctor’s medical board.
• The other parent may obtain a wage garnishment order from the court. A wage garnishment order will inform an employer to withhold a certain portion of a person’s paycheck until the amount of the child support is paid off.
• A court may also hold an indebted parent in contempt of court or issue a warrant for their arrest. In addition, if the court issues a warrant for the indebted parent’s arrest, then they may also face criminal penalties for not paying child support, including having to pay criminal fines and potentially receiving a jail or prison sentence.

What Can I Do If I Can’t Make My Child Support Payments?

If a parent is not able to make their child support payments, they may be able to have the child support order modified to a more affordable rate. However, it should be noted that it is very difficult to obtain a child support modification. The parent will typically be required to get caught up on the existing back payments before modification of future support can be made.

Some reasons that may entitle the non-custodial parent to a modification order include:

• Losing a job or having to take a job for less pay
• Encountering a medical or health issue that makes it impossible to work
• Increasing school or healthcare costs for the child, which make it impossible for the parent to keep up with payments
• If the custodial parent received a substantial raise at work and no longer needs as much child support

Do I Need a Lawyer for Help with Child Support Payments?

Child support is a serious issue because it can affect a child’s development and opportunities as they grow up. You may wish to hire a child support lawyer if you need help resolving any child support issues.

An attorney can provide legal advice to help determine if there are solutions for conflicts. Also, if you are required to attend a court hearing, your lawyer can represent you during the process.