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Child Support Collections Information
WHAT EFFORTS CAN BE TAKEN TO COLLECT CHILD SUPPORT FROM THE
PARENT WHO DOES NOT PAY?
When a parent fails to provide support for a child, the parents need to work
together to make arrangements for mutual sharing of the expense of raising the
child. For all parties concerned, the best solution is often found when parents
work together.
In the situation where one parent does not cooperate in sharing the
responsibility for child support, the controversy should be submitted to a
court. The first step is to obtain an order for the payment of child support.
Further action in the court for the purpose of collecting child support can be
taken if the obligor parent fails to comply with the court order for payment of
child support. Like other enforcement of judgment actions, the available
remedies range from simple to complex proceedings.
Wage assignments: The most common "tool" used to collect child support payments
that are not voluntarily made is through a wage assignment order. A wage
assignment order is an order of the court directing the employer to deduct the
child support payment from the earnings of an employee-obligor parent and then
make this payment directly to the obligee parent. Violation of a wage assignment
order could result in the employer becoming responsible for such payment to the
obligee parent. assignment orders can be obtained through a relatively simple
court procedure. Once obtained, the wage assignment order must be served upon
the employer of the obligor parent before it becomes effective.
Enforcement action: When the obligor parent continually fails to make support
payments, the total amount of the "arrearage" (payments due and owing but not
yet paid) can be set as a judgment for further enforcement proceedings. Interest
on the arrearage is often included as part of the judgment, since many states
provide for interest to accrue on outstanding orders for support. The expense of
an enforcement action to collect a judgment is justified as the amount due
increases. When the obligor parent has income or property, there is financial
incentive to pursue enforcement efforts and, with the assistance of
professionals, well worth the effort and expense.
Attachment or levy: Child support can also be collected through other
procedures. For example, if the obligor has money in a bank, a valuable
automobile, an investment in a mutual fund, or an interest in a property in the
possession of a third-party, an attachment or levy can be executed. When
executing a levy or attachment, care must be taken since some property is
exempt. In a levy or attachment proceeding, the court can have the property of
the obligor parent "seized" or taken away and given to the obligee parent.
Although an obligor parent may challenge the levy or attachment in court ("claim
an exemption"), it can be very effective in obtaining payment of a child support
judgment. Strict adherence to the established rules for levy and attachment is
required to protect an obligee parent from an allegation theft of property.
WHAT IS THE PARENT LOCATOR SERVICE?
The Federal Parent Locator Service (FPLS) obtains and transmits information
about the location of any absent parent when that information is to be used for
the purpose of enforcing child support. The service is an arm of the Department
of Health, Education, and Welfare. The FPLS also can be used in connection with
the enforcement or determination of child custody, visitation, and parental
kidnapping. There are also state parent locator services in some states.
Recent federal legislation (Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) also expanded the FPLS?s services to include a
National Directory of New Hires and a Federal Case Registry of Support Orders.
FPLS will match data between the New Hire and Case Registry every two days and
report matches to states within two days.
WHAT OTHER COLLECTION REMEDIES ARE AVAILABLE?
The following are other alternative courses of action:
Government: Many states have empowered local government agencies (such as the
Office of District Attorney) to collect child support for an obligee parent.
Under law, the local agency may (or must) take action to collect outstanding
child support arrearage. Resources, such as parent locator services, and a staff
of attorneys/clerks, are available to local agencies to assist in collecting
court ordered child support.
Tax refund intercepts: Local agencies have the authority to follow a procedure
to "intercept" federal or state tax refunds which otherwise would be paid to the
obligor parent. Also, local agencies can provide information about child support
arrearage to consumer credit reporting agencies who are then required include
such information in the agency's report. Although local child support
enforcement agencies can be slow, because of the additional resources available
to them, their assistance should be requested as part of the overall effort to
collect a child support arrearage.
Real estate liens: A "judgment lien" based on child support arrearage can be
recorded against real estate owned by the obligor parent in the county in which
the property is located. When such a lien is recorded, the real property becomes
security for the payment of the judgment. A judgment lien for child support is
then paid from the proceeds of the sale when the property is sold. A judgment
lien against real property should be established whenever an obligor parent owns
real property that has an equity value (that is, the amount of all outstanding
liens, including mortgages, is less than the fair market value of the property).
Civil contempt of court: A more complex proceeding is an action for contempt.
Since payment of child support is a direct order by a court to pay, failure to
pay is treated as a contempt of a court order. In this proceeding, which is
quasi-criminal in nature, the obligee parent must prove to the court that the
obligor parent had the income from which support could have been paid. Although
a contempt proceeding is complex, it certain to gain the attention of the
obligor parent.
Since collection of child support can be difficult, professional assistance is
often needed. Child support judgments can easily reach many thousands of dollars
a year, and the cost of professional assistance is justified, since those who
are familiar with collection procedures often obtain favorable results.
IF THE OBLIGOR PARENT DOESN'T PAY, CAN VISITATION BE STOPPED?
No. The child support obligation and the right to child
visitation are two different issues.
Failure to pay child support is insufficient grounds to stop the right of the
obligor parent to visit with his/her child. Visitation is ordered by a court in
the best interest of the child, to promote love and affection with both parents,
custodial and non-custodial. Child visitation is vital to the non-custodial
parent so that a meaningful relationship between child and parent can be
established.
On the other hand, child support is based upon the financial needs of the child
and the ability of both parents to provide for these needs; thus is treated as a
separate issue, and does not have a determinative effect upon visitation. The
obligee parent must continue to allow visitation with the child despite failure
of the obligor parent to pay child support. Although this may be very hard for
the obligee parent to understand, if the obligee parent "frustrates" the right
of the obligor parent to visit with the child, the obligor parent could ask the
court to change custody of the child based upon this frustration of visitation
even though s/he is delinquent in payment of child support.
For more free legal information on Child Support Laws, please use the
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