In divorce proceedings, many things are contested -; but child support payments often face the most opposition. Parents often think they pay too much, but there can be severe penalties for failure to make court ordered support payments. In this article is a list of consequences for failing to pay child support on time.
Legal Consequences
Some common penalties for not paying child support include civil or criminal arrest warrants, jail time, fines, and being held in contempt of court. A parent who doesn’t pay support can have their wages garnished, or their unemployment checks withheld. Sometimes, tax refunds are confiscated, and parents can be left ineligible for benefits programs. A parent failing to pay child support can lose certain licenses, and have their passport revoked. In extreme cases, liens can be placed on personal property.
Laws Vary According to Location and Military Status
The enforcement of child support laws depends on the above factors, but is universal across all states. Anyone moving to another state to avoid paying child support can be federally charged, and penalties include mandatory restitution and a prison term of two years or more. A military member failing to pay child support can face a dishonourable discharge in some circumstances.
Seek Help During Financially Troubled Times
Because of the severe penalties mentioned above, those having trouble should seek help as soon as possible. By contacting a local support enforcement department and telling them about the difficulties, a Naples Family Law Lawyer may be able to set up a payment plan. It’s also possible to get a support order modified, but the parent may have to prove that their circumstances have changed.
Arrearages do not Affect the Right to Visitation
For the recipient of child support, it’s important to remember that support and visitation are separate issues. A parent failing to pay child support is still legally able to see their child, and the custodial parent cannot restrict their access. Regardless of a parent’s status, he or she should remember that the support is for the child -; and they should not use the support as a control mechanism upon the other parent. For help and advice, consult with a Naples Family Law Lawyer.
