Family Law Blog

You Can Get Help Collecting Child Support

Friday, November 03, 2017

Custodial parents sometimes find it difficult to collect the child support they need to take care of their children, child support that was court ordered. Help is available.

Child support payments are not voluntary. They are ordered by a court during child custody hearings. These cases may be part of a divorce, separation, or a paternity determination. Child support is usually paid by income withholding from employment. If child support is in arrears or unpaid, additional measures can be imposed to collect it.

Passports can be denied or seized if more than $2500 in unpaid support is owed. 

Federal and state income tax refunds may be offset by the child support debt.

Child support orders cross state lines. States communicate with one another about scofflaws of child support. Orders are enforceable across state lines.

Child support payments that are in arrears are often reported to credit bureaus.

States can fail to renew drivers or business licenses for those in arrears on child support. Their licenses can also be suspended.

Unemployment, Social Security, and retirement payments can be garnished. Military pay can also be garnished. Liens can be placed on property held by the person owing back child support.

Some payments are not subject to garnishment. These include Veterans disability payments, some Social Security payments such as Supplemental Security Income(SSI) and Social Security Disability Income (SSDI) as well as student loans.

Payments in arrears may or may not be discharged in a bankruptcy proceeding. There are different circumstances regarding debts under bankruptcy laws. Child support payments are not usually forgiven. It is a valid debt.

Modification of child support orders is possible if circumstances change. Either a custodial or non-custodial parent can ask the court for a modification. Significant changes in the financial situation for either parent may qualify for a modification, either to increase or decrease support payments.

Contact our firm for any issues regarding paying or collecting child support. We are here to help.