Enforcing Child Support with Deadbeat Parents
Posted on Jun 19, 2013 2:29pm PDT
When the court orders a child support payment schedule, the paying spouse is responsible to make all payments on time to the other parent. When a parent fails to fulfill this responsible, the court will normally term the adult a "deadbeat." Child support payments are mandatory, so ignoring this expense can result in serious issues. The court recognizes that when a noncustodial parent fails to pay child support, it may put unnecessary financial strain on the custodial spouse and the children. This is why the state and federal legislatures have enacted multiple policies which enforce support. In recent years, there has been a nationwide crackdown on deadbeats, and more and more courts are not tolerating this type of behavior.
In order to receive child support, most spouses will ask for the payments to be included in their divorce settlement. An attorney can advocate on the behalf of the requesting spouse, proving that the parent deserves payments to raise the children. The child support is typically calculated after the court has considered both parents' incomes, the amount of time that they spend with each child, and which parent filed the request. An attorney can help the court to understand why child support is necessary in your specific case by providing details that he or she knows the court will want to be aware of.
Once the court has issued a child support order, that order must be obeyed. If a parent cannot pay the money that was ordered, then he or she can file for reconsideration and will need to present all factors that have made the payment impossible. Then, the court will consider the petition and either deny or accept the reconsideration and modify the amount. When the amount is set, custodial parents will want to make sure to monitor when the payments come in. If a paying spouse is delinquent on payments, a family lawyer can help to encourage the paying spouse to send the money. If you are a custodial spouse and you are still waiting for payments that are months late, you may want to get the court involve again.
Talk to your family attorney to see what should be done about your spouse's late payments. You may want to contact the ex-spouse and explain that you are going to deal with the issue legally if you do not get your money soon, The court has the right to issue wage deductions when a non-custodial parent continues to reject requests for payment. When wage deductions are warranted the court can dip into the paying spouse's bank account and secure the child support payment to give to the other spouse. Also, the court can order Federal Income Tax Intercepts. This happens when the state intercepts a large tax refund to cover missing child support payments before the check makes it to the paying spouse's account.
Also, the court can issue a license suspension or revocation as punishment if an ex-spouse continues to ignore child support payments. The DMV will discontinue the spouse's license, making it illegal for that person to drive until they have covered payments. Also, the courts can put restrictions on an ex-spouse's passport so that he or she cannot flee the country to avoid payments. Sometimes, the court may even make a contempt of court action. This is a move which can result in a fine or jail time for the delinquent spouse.
The federal government also has the right to intervene with deadbeat spouses using the U.S. Office of the Inspector General if the deadbeat spouse refuses to pay any support for over a year or owes more than $5000 in support payments, Also, if a non-custodial parent travels to another country to avoid paying child support then the federal government can issue a fine and up to six months in prison. If you want more information about deadbeat spouses then contact a local family attorney to assist you.
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