Collecting Late Payable Child Support: A Comprehensive Guide for Parents

As a parent involved in a child support case, it is understandable to feel frustrated when you are owed significant back child support. In many cases, the person responsible for providing the support may try to avoid payment, making the collection process challenging. In this article, we will explore various strategies and legal options to ensure that you receive the monetary support you and your child are entitled to.

Introduction to Child Support and Payment Delays

Child support is a legal obligation that ensures a child receives financial support from both parents. When one parent fails to pay the agreed-upon amount, it can lead to significant back child support. In such situations, you may feel like your efforts to support the child are being undermined. This article aims to provide guidance on how to navigate these challenges and ensure the support is enforced as per the law.

Understanding Legal Measures and Enforcement

When a parent refuses to pay child support, there are multiple legal measures and enforcement actions that can be taken. Here are some key steps you can follow:

Avoiding Debtor's Prison

It is important to note that many states have abolished debtor's prisons, meaning that one cannot go to jail simply for not paying their debts unless they obstruct the legal process. However, there are other ways to compel payment. If your ex-spouse has no assets and no legitimate job, the collection process may be more challenging. Nonetheless, there are other steps that can be taken.

State-Specific Actions

In many states, if a parent fails to pay child support, their driver's license can be suspended. Additionally, not paying child support can result in jail time or other penalties. Consulting with an attorney can help you understand the specific laws in your state and the available options for enforcement.

Withholding Social Security Checks

One particularly effective method is to have the child support agency withhold the delinquent parent's Social Security check. Many states allow for this, and it can result in a substantial amount of money being collected. According to some estimates, up to 25,000 dollars can be collected from 14,000 to 20,000 in back arrears, providing a significant boost in the finances needed to support the child.

Wage Garnishment

Another common method is to garnish the delinquent parent's wages. This refers to the process of withholding a portion of their paycheck to pay off the outstanding child support. However, if the parent has no other assets or a stable job, wage garnishment may not be effective.

Case Study: A Parent's Struggle with Back Child Support

Consider the case of Lisa, a 40-year-old parent whose ex-husband is 40,000 dollars behind on child support. The court ordered him to pay an additional 100 dollars a month until the arrears are paid. However, the interest that accumulates every month makes it difficult for the ex-husband to catch up. The current state of affairs means that it could take over 33 years for the arrears to be paid off, given the current agreement.

Further complicating the situation is the fact that Lisa's ex-husband lives with his long-term girlfriend, and they have another house that he used to own. They have managed to live separately and maintain a comfortable lifestyle by splitting the mortgage payments. However, the court got wise to their ruse and awarded Lisa a lien on the girlfriend's house. This lien will remain in place until the debt is settled, and even if Lisa dies, the lien will still be enforceable if something happens to her.

Given this scenario, Lisa's case highlights the complexities and challenges involved in collecting back child support, especially when the other parent is diligently attempting to avoid responsibility. However, there are still other avenues available, such as

Additional Legal Actions

To increase the likelihood of recovery, Lisa could:

File for Contempt

File a contempt motion if the ex-husband continues to refuse to pay child support, demonstrating a pattern of non-compliance. Seek not only the driver's license and passport, but also their 401Ks, tax returns, bank accounts, and cars to ensure transparency and accountability.

Seek Criminal Prosecution

In extreme cases, if all other measures fail, criminal prosecution can be initiated. This would require the court to order the person to get a job and then be sent to jail after work, allowing credit for the time spent in jail. While this is a drastic measure, it can be effective in ensuring the parent takes their financial obligations seriously.

Conclusion

Collecting back child support can be a difficult and lengthy process, but there are legal measures and actions that can be taken to compel payment. Working with a knowledgeable attorney and understanding the specific laws in your state can help you navigate this complex situation. Remember, the goal is not only to secure the financial support for your child but also to ensure that the parent responsible for providing the support is held accountable. If you or someone you know is facing similar challenges, consult with a legal professional to explore the best course of action.