Failing to pay child support can have serious legal and financial consequences. Whether you are the person responsible for paying or the recipient of payments, understanding how and what the consequences are for failing to make payments can help you avoid the worst possible outcomes in these situations.
Generally, it is a parent’s responsibility to provide for the children of their marriage or relationship. This includes providing the basic necessities of food, clothing and shelter. It also encompasses medical care, education and other forms of support.
Each state has its own laws that determine how much a parent needs to pay for child support. These are based on factors such as income, age and earning capacity. If there is a substantial change in any of these parameters, a judge will often have to re-set the amount that a parent is required to pay each month.
In some cases, courts will grant a modification to a support order in order to allow a person to meet their obligation without experiencing the severe consequences of not paying. However, this is usually only done in certain circumstances.
For example, if you are unable to work due to a medical condition, you may be eligible for a child support modification to lower your monthly payment. You must be able to prove that your income has decreased significantly and that this will affect your ability to meet the obligations of your current support order.
If you are a non-custodial parent who has a child in court, it is illegal to refuse to pay the court-ordered amount of child support. You can be convicted of this offense and face jail time and fines if you willfully refuse to pay.
It is also a federal crime to willfully fail to pay child support in any state where the child lives. This offense is also considered a misdemeanor and involves a maximum penalty of six months in federal prison.
States are also aggressive in pursuing unpaid child support, particularly in instances when it is believed that the obligor (parent who has failed to make payments) is wealthy or has substantial assets. These efforts are designed to deter people from becoming deadbeat parents and to prevent children from becoming dependent on public benefits.
In addition, the obligor’s employer can be held responsible for payment of the delinquent support. This can include pay garnishment, which is where a person’s salary is withheld by their employer in an attempt to collect support debt.
Some states may even levy a tax on your earnings. You may also lose your driver’s license, which can be a serious inconvenience if you need to get to work or go to the doctor.
If you have a job, it is important to stay in that position as long as possible and continue making your payments. This will ensure that you do not have to face more costly legal trouble, and it will keep your financial situation from falling further behind. For more details visit and ask a local family and divorce lawyer in your area.