For parents, knowing their child support rights includes understanding how to recoup back child support payments. A court award of child support to one parent does not guarantee that the other parent will pay. When the balance begins to add up, action must be taken before the child is negatively affected. Expert attorneys that handle back child support cases can get you started down the right path with a free consultation to help you learn your rights.
We Get Your Back Child Support!
The federal government, each of the 50 states, and the District of Columbia have child support enforcement agencies. Federal and state laws take tough stances with non-custodial parents who do not pay court-ordered child support. The term “deadbeat parents” is even included in the titles of some state laws regarding back child support, reinforcing the message that these individuals are not looked upon fondly. Though child support enforcement is handled by each state, the procedures are very similar among all states.
State and district attorneys are authorized to act on behalf of custodial parents to collect back child support, per the Child Support Enforcement Act of 1984. Non-custodial parents that refuse to comply are subject to penalties that include removal of privileges such as a passport and even jail time. State attorneys do not hesitate to garnish wages, freeze bank accounts, and place liens on property to recoup back child support owed.
In some cases, a child support case extends beyond state boundaries. The federal Uniform Interstate Family Support Act (UIFSA) applies in multi-state disputes regarding past-due child support. A second state must defer to a court-mandated child support order entered in the home state of the child. In addition, only the law of the state where the order was entered will apply to requests for modification. The custodial parent may mail the order to a court or employer in another state for assistance with reinforcement. A lawyer for back child support will help accomplish this in an efficient manner.
If a non-custodial parent is in financial distress, even bankruptcy will not discharge back child support. This individual must formally request a child support modification and prove necessity by revealing the financial situation. If this motion is not filed, the court may issue a default judgment of child support delinquency.
A custodial parent who is having trouble collecting past-due and back child support payments should consult with a lawyer for child support. State and federal child support laws can be difficult to decipher and they sometimes overlap. An attorney will explain the legal recourse available to the parent and take the steps necessary to recoup the back child support payments owed. Speaking with an expert child support attorney for free is the best first step you can take! Get started today with a free evaluation!