How Far Behind Can You Fall in Child Support Before a Warrant Is Issued?

Child support orders make sure parents provide financial support to take care of their children. The noncustodial parent generally makes support payments to the custodial parent. If you don’t make court-ordered child support payments, the court can issue penalties. Willful failure to pay support can lead to a warrant for your arrest.

Child support enforcement and criminal penalties vary by state. To find out about how long before a court issues an arrest warrant, talk to a local child support lawyer for legal advice.

Consequences of Unpaid Child Support

Child support court orders require you to make regular payments to provide for your child’s basic needs. If you don’t make the payments, child support services can take enforcement action to make you pay. There are several consequences of past-due child support, including:

• Levy your bank account
• Put a lien on your property
• Wage garnishment
• Intercept income tax refunds and lottery winnings
• Income withholding for unemployment benefits, workers’ compensation, and Social Security benefits
• Driver’s license revocation
• Hold on professional licenses
• Credit bureau reporting

Arrest Warrants for Child Support Arrears

The family court can issue a warrant for failure to pay child support. Generally, the court will issue a notice for a court hearing to answer why you are not paying court-ordered support. If you get an order to show cause for not paying support, don’t ignore it. If you have a reason for not paying support, go to the hearing and plead your case. The court may give you more time to comply or reduce the penalties.

If you fail to show up to court, they can find you in contempt or issue a bench warrant. Courts generally issue a bench warrant for failure to respond to a court hearing. With a bench warrant, the police can arrest you and bring you into court.

The police may not go out and hunt you down for unpaid child support. However, if you get stopped for a traffic violation, the police will see the warrant. With a child support warrant, you can face arrest and jail time until you go before the court to deal with the back child support.

The most serious consequences involve criminal charges. Willful failure to pay child support can lead to criminal charges. However, jail time is generally the last resort. When a parent is in jail, they cannot work to earn money to provide for their child. However, you can face jail time just for willful failure to pay child support.

When Courts Issue Arrest Warrants for Back Child Support

Generally, the court won’t issue an arrest warrant just for missing one or two payments. The court generally sends out notices before finding the parent in contempt or issuing warrants. After a certain amount of time, child support services or the custodial parent’s attorney can ask the judge to find you in contempt of court. If the parent does not respond, the judge can order the parent to be arrested for failing to comply with child support obligations.

How far behind you can fall before the court makes an arrest depends on several factors. Different states take different approaches. Some states will find you in contempt after child support is past due for a certain amount of time. Other states only use contempt as a last resort for repeated failure to follow court orders.

In many states, it is up to the custodial parent to file a motion to find the other parent in contempt. The custodial parent can ask the court to find the other parent in contempt for failure to follow child support orders. Some states require the parent to wait a certain amount of time before filing for contempt but other states allow filing for contempt even if child support is a day late.

The following chart provides guidelines for when a court finds a parent in contempt or refers a case for criminal charges.

Federal Charges for Unpaid Child Support

Child support is generally a state court issue. However, failure to pay child support can be a federal crime if the parent lives in a different state than the child. Under the Deadbeat Parents Punishment Act, failing to pay for longer than one year (or more than $5,000) across state lines is a federal offense. Penalties include fines and up to six months in prison. Failure to pay overdue child support for more than two years, or if the amount exceeds $10,000, is a felony.

Avoiding an Arrest Warrant for Nonpayment of Child Support

You can avoid an arrest by making all your child support payments on time. If you are having trouble affording payments, contact the court or child support agency to give them notice. You can try to work out a payment plan to avoid additional penalties. If you have a change in your financial situation, you can petition the court to modify the child support orders.

If you get notice of a hearing from the court, make sure you respond. Failure to show up to a court hearing can result in a bench warrant for your arrest. If you cannot make the court date, contact the court to reschedule the hearing. If you have a bench warrant, talk to your family law attorney for legal advice. Your attorney can clear up the warrant so you can avoid an arrest.

Legal Help to Avoid Criminal Child Support Penalties

Making child support payments on time can help you avoid civil penalties and arrest warrants. Child support arrears will not go away. The amount of child support continues to increase with interest and penalties. Even if you declare bankruptcy, it will not discharge your child support debt.

If you need to modify child support orders to lower the payments, talk to a child support attorney. A child support lawyer can help you avoid penalties for nonpayment. If you have a bench warrant for unpaid child support, your attorney can clear up your child support case so you can avoid an arrest. For help with your child support obligations, talk to a child support attorney.