Some ways in which child support collection can be achieved. Methods include contempt actions, prosecution, tax refund interception, and others.
The court has issued an order directing a parent to pay child support. What good is that order if the absent parent refuses to pay? The law offers a wide variety of methods for helping to enforce a support order. And states, with the help of the federal government, are continually devising new collection methods.
One of the longest-standing means of seeking collection is through a civil contempt action. If a parent declines to pay support, the custodial parent can file a petition with the court. In that petition, the court is asked to order the non-payor to appear and show cause why he or she should not be punished for his contempt. If that person still refuses to pay, the court may issue an arrest warrant.
If a parent is unable to get support, all states offer services to help. Title IV-D of the federal Social Security Act requires the states to maintain agencies to assist parents in collecting child support. Depending on the state, these agencies may be connected to prosecutor's offices, the state department of revenue, or other state or county bodies.
Once a parent has exhausted available civil remedies for nonsupport, the next step in the enforcement hierarchy can be criminal prosecution. For many years, states have enabled prosecutors to file a criminal charges against those who refuse to support their children. In most if not all jurisdictions, the charge is a felony punishable by lengthy imprisonment and substantial fines. The downside to arrest for either civil contempt or criminal nonsupport is that if the person is in jail or prison, he or she obviously is not in a position to work or to pay support. For that reason, many courts prefer to put the offender on probation or in a work-release or house-arrest program which allows the person to retain a degree of freedom while holding down a job and paying support.
If the parent fails to pay support over a period of months or even years, he or she may accumulate a arge "arrearage," or back support amount. In that event, the states and the federal government cooperate through the tax refund intercept program. A person may be expecting a large tax refund, but may find that taken by the government or back support. The tax refund intercept program is responsible for the collection of millions of dollars in support each year.
State lotteries, which would not appear to have much to do with child support, provide another avenue for collection. When a deadbeat parent accumulates a large arrearage, but then wins big in the lottery, the state can step in and take the winnings. Many people have thought that they finally have struck it rich, only to discover that their neglected children will be enjoying he fruits of their good fortune.
States can also intervene in child support cases in a number of other means. Driver's licenses can be suspended. Professional licenses can be denied to doctors, lawyers, and accountants who fail to pay as ordered. Liens can be filed against real estate, cars, boats and other property. Courts may order the seizure of pensions and annuities. Even the estates of deceased parents are subject to child support collection.
In some cases, the biggest challenge to collecting support is locating the absent parent. Federal law now requires many employers to report the name and social security number of every newly-hired employee. States can use this information to locate deadbeat parents.
When a person moves around from state to state, the various jurisdictions can work together to get support. A system of interstate collection enables one state to register another state's child support order. This enables the custodial parent's home state to collect support from a parent living hundreds or thousands of miles away.
Those who need help collecting past-due support should contact their local support enforcement agencies. Those offices have to provide assistance to any custodial parent who asks for it.
