When a former spouse is legally bound to provide child support to their former spouse and children on a monthly basis, it is that person’s responsibility to make the required payment on time each month. If a parent who is obligated to pay child support, under the terms of a court or government agency order, stops making payments, there are legal steps that can be taken.
The Child Support Enforcement Act of 1984
Under the Child Support Enforcement Act of 1984, district attorneys (D.A.s) or state’s attorneys must help a parent collect child support. Federal laws allow the interception of tax refunds to enforce child support orders. Other methods of enforcement include wage attachments, seizing property or — in some states — revoking the paying parent’s driver’s license. The following resources cover the enforcement of child support orders, how to get your spouse to make court-ordered payments, wage garnishment, and other topics pertaining to unpaid child support.
Past Due Amounts of Child Support
Courts are very strict about the enforcement of child support. When a payer falls behind, the overdue amount is called “arrearage” and the payer is said to be “in arrears”. If a payer finds him or herself in arrears, he or she can always ask a judge for a reduction of child support payments. However, only future payments can be reduced. The payer is still obligated to pay the arrearages in full, at no reduced amount, and the court will enforce such payments.
Child Support and Bankruptcy
Child support debt is one of those few debts that cannot be discharged by bankruptcy. Child support payments are intended to help care for children, and, as such, are public policy issue. The public policy is intended to prevent parents from using bankruptcy to get out of providing support for their children.
Wage Garnishment and the Federal Government
Title III of the Consumer Credit Protection Act limits the amount of an employee’s earnings that may be garnished and protects an employee from being fired if pay is garnished for only one debt. Title III is administered by the Wage and Hour Division of the U.S. Department of Labor’s Employment Standards Administration. The Wage and Hour Division has no other authority with regard to garnishments. The law protects everyone receiving personal earnings, i.e., wages, salaries, commissions, bonuses, or other income — including earnings from a pension or retirement program. Tips are generally not considered earnings for the purposes of the wage garnishment law. The law applies in all 50 states, the District of Columbia, and all U.S. territories and possessions.
Finding an Experienced Child Support Attorney
If you are a custodial parent and looking to get child support and need advice on determining if you are eligible and how much you can receive, you may want to speak with a family law attorney. A lawyer can also help both parents reach an agreement and can modify child support orders. The bottom line is that courts will factor the essential financial and support needs of a child, and reflect those needs in a child support order. If a child’s needs change, or if there is a significant change in a parent’s circumstances, however, it may be necessary for a parent to file for a modification of existing child support, or contact a family lawyer in your area.
Chris Wynn of Miller & Wynn, P.C. Attorneys at Law can work with parents on child support agreements and modifications. Contact him today at 770-942-2720.