When a Parent Refuses to Pay Child Support

Child custody, child support, and other co-parenting arrangements are difficult to navigate, even when everyone is doing their part. When a parent outright refuses to contribute, even with a court order directing them to, it can create a lot of stress and frustration for the custodial parent.

There can be stiff penalties for a parent who is unwilling to pay child support. Whether you pay or owe child support, knowing your rights and how to navigate the legal processes will go a long way to protecting your child’s best interests. Talk to a child support law attorney for specific questions about enforcing child support orders.

What Is the Law for Paying Child Support?

In general, child support orders approved by the family law judge are enforceable. The court order determines which party will pay the other and what the amount will be. The child support amount depends on several factors, including:

• Each parent’s income
• Eligible deductions
• Who has primary physical custody (the custodial parent)
• The general needs of the children

While each state makes its own child support laws, there are federal guidelines they must follow. Under the Child Support Enforcement Amendments of 1984, enhanced enforcement mechanisms are available to ensure compliance with court-ordered child support.

Just because a judge issues a court order for a non-custodial parent to pay child support, that doesn’t mean the parent will always actually pay or pay on time. In some states, parents have a few days to make the payment in full without a penalty. However, late payments can quickly accrue interest and fees.

How Can You Enforce a Child Support Order?

Perhaps something has happened, like a sudden loss of your job and you can’t pay your court-ordered child support. When that happens, the non-custodial parent should find a lawyer and go over the options for adjusting the order. Lost income does not excuse a parent from making their child support payments. They have to take proactive steps to adjust their court-ordered payments or they’ll continue falling behind.

States may have different timelines for when child support is late enough to warrant action from the courts. If the custodial parent isn’t receiving the monthly payments they’re owed, they should find a family law attorney who can provide legal advice about how they should proceed.

My Ex Is Not Making Child Support Payments — What Can I Do?

If you have a deadbeat parent who isn’t making child support payments, you can take them to court. The judge can issue a wage assignment that results in an automatic deduction from the other parent’s paycheck. You may also be able to attach or levy upon your spouse’s bank accounts, stocks, or other property, including a house. In some jurisdictions, the local district attorney may have the power to enforce support payments, but this is typically managed by state child support enforcement agencies.

You could also hand the matter over to the district attorney’s office to pursue the obligor parent. Many courthouses offer free services that give advice on the best strategy for getting support payments.

Enforcing Child Support Payments

If you’re not getting payments, you can report the other parent’s failure to pay child support. You may choose to hire a child support attorney to help. You can also apply for child support services through a state agency.

A delinquent parent can face several consequences in a child support case, including contempt-of-court charges and civil penalties. In some cases, the delinquent parent could face a fine or jail for repeat violations.

Most states will enforce wage garnishment that requires the non-paying parent’s employer to deduct a percentage of their paychecks to the other parent. The IRS or state authorities may also intercept a delinquent parent’s federal tax return and apply it to child support owed.

Finally, the Uniform Interstate Family Support Act (UIFSA) allows parents to collect child support obligations across state lines. Most states have long-arm statutes enabling courts to enforce their orders in other states.

If the Obligor Parent Doesn’t Pay, Can You Stop Visitation?

Under most parenting agreements, one parent will pay the other parent as part of a court order, even if both parents share custody. Unfortunately, some obligor parents don’t make their scheduled child support payments. A parent’s first instinct might be to stop parenting time access until the funds arrive. But that is a bad idea.

Child support, child custody, and visitation rights are separate issues. Enforcing one doesn’t necessarily depend on enforcing the others. If one parent fails to pay child support, the other parent cannot block them from parenting time. Likewise, if one parent is interfering with visitation rights, the other can’t withhold child support as retaliation.

Child Support and Visitation Factors

The best way to think about child support and visitation is to consider them as two different decisions. They act independently of each other when it comes to enforcement.

Family law governs the rules for child support guidelines and outlines the recommended amount of child support. Usually, a parent’s income plays a role in the decision, as does the number of children.

Calculating Child Support

Some states calculate the child support amount based on the income of the noncustodial parent. Most others use an income-shares method, which takes into account the income of both parents. A few states look at a basic subsistence level for each parent before determining the child support needs, called the “Melson formula.”

Other potential elements of child support include a portion of health insurance, child care, and financial responsibility for educational expenses.

For the child custody and parenting time part of court orders, judges will make decisions in the best interests of the child. The factors considered as part of the best interests standard vary from state to state. Courts may consider the child’s wishes, but only if they’re old enough and state law allows. Other factors include the parent’s mental and physical health and maintaining a stable home environment.

Intercepting Tax Refunds When a Parent Fails to Pay Child Support

It seems only fair that if a parent owes back child support and gets a tax refund, then money should first go to back child support. Federal law provides that if a parent owes back child support, a state child support office can intercept that parent’s tax refund and apply it to the back child support. Even if the child is now emancipated, the state can take the parent’s tax refund for back child support owed.

Enroll in the Federal Tax Intercept Program

To get back child support from the obligor parent’s tax refund, you need to enroll in your state tax intercept program. You can enroll through your local child support office or family law attorney. For many families, your local child support office’s services are generally free. Alternatively, your attorney can assist you in opening a case with the local child support agency to utilize the Federal Tax Refund Offset Program.

State Tax Intercept Programs

Many states also have local tax intercept programs, which work like federal tax intercept programs. State child support offices can intercept parents’ state tax refunds and apply them to back child support. However, your state may not have a tax intercept program if they don’t collect state income tax.

If the parent owing child support files a joint tax return with a new spouse, it can affect the distribution of tax refunds if there are child support arrears. For a joint tax return with the new spouse’s income, the spouse is still entitled to their portion of the tax refund. To get that portion of the tax refund, the spouse can file an injured-spouse form with the Internal Revenue Service (IRS). Generally, the state holds joint tax refunds for six months before applying them to back child support.

Paying Back Child Support With Tax Refunds

Tax refunds intercepted for back child support are first applied to back child support assigned to the state. This includes payments for periods when the parent took public assistance, and child support was not paid. After paying any state balances owed, the refund applies to back child support owed to the other parent.

If the parent owes other government debts, the parent’s tax refund will go to pay those debts before going to back child support. Additionally, the tax intercept program doesn’t help much when a parent doesn’t file their taxes or isn’t entitled to a tax refund.

Retroactive Child Support

In some states, the obligee parent may be able to request an order for retroactive child support. The amount owed depends on several factors, including:

• The obligor parent’s net resources
• Whether the parent owing child support was aware of their obligations
• Whether the owing parent will suffer undue hardship
• If they provided support or necessities before the court action

What Are the Penalties for Failing To Pay Child Support?

The court can find parents who fail to pay child support in contempt. The penalties for ignoring child support payments will depend on the specific details of each case. Factors include the amount of overdue child support and how long it’s been since they made a payment. The larger the amount and the later the payments, the stiffer the penalty. Penalties can include:

• Garnishing the parent’s wages
• Intercepting tax refunds
• Seizing property (cars, boats, or real estate)
• Suspending a driver’s license
• Withholding a passport

If these attempts to collect child support payments aren’t successful, there may be other penalties. In some cases, the court will put the parent in jail. The longer child support goes unpaid, the longer the potential jail time. For example, child support that’s two years or more overdue may take the contempt of court charge from a misdemeanor to a felony.

How Can a Child Support Lawyer Help?

There are many ways to help you get back payments for child support. A child support attorney can explain your legal options and help you take legal action to get back child support. Your attorney can petition the court to garnish wages or seize property, and can advise you on working with state agencies to intercept tax refunds. 

For legal advice on collecting unpaid child support, contact an experienced child support lawyer.