Child Support Enforcement: How Does It Work?

Child Support can be an easy procedure. Unfortunately it does not always end up that way. In spite of being the right thing to do, lots of non-custodial parents decide to not pay their state mandated child support. There is a long list of repercussions for those that choose not to pay their child support. These repercussions can vary from having the cash deducted directly from their paychecks to incarceration based on seriousness. Here's a list of the most common sorts of punishments that can be faced by those who choose not to pay their child support.

Garnishment - If the non-custodial parent is employed and does not pay their child support, the state can come after them to garnish their checks. This means that the money will be taken straight from their paychecks before they even see it. This ensures payment to the custodial parent in the amount that is owed. The state can garnish a person's pay for up to 50% of their pay depending on the state. Most states adhere to the 50% rule but others will allow more or less of a garnishment. Garnishments are only one way to collect the owed child support and can be avoided by simply switching jobs. Which is why, if this method doesn't work, the state will consider other options such as…

Incarceration - This is an extreme measure to collect child support. Courts often find that it is in the best interest of the child to receive monetary, developmental, and emotional support from both parents. Courts will try to hold off on incarceration until they have tried all other means of collecting the child support. The period of incarceration can vary from person but is typically a maximum of 6 months. The judge decides the length of time of the incarceration. He takes into account the methods of attempted collections as well as the actions taken by the person to avoid these collections.

There are several things that are considered before incarceration is an option for owed child support. The amount of support owed is an important factor in this decision. If the non-custodial parent misses one payment after months or years of dedicated and vigilant payment, they are not going to be incarcerated for this. The court will also take into account the reason for non-payment. If the father is questioning paternity, the court may hold off on any decisions regarding the punishment for non-payment until after paternity is confirmed. Also, if the non-custodial parent loses their job through no fault of their own, the courts will often delay payments while they find a new job.

Child support is very important and no child should have to go without because the non-custodial parent is not willing to care for his/her child. Child support enforcement is a key tool in ensuring that this doesn't happen. There are various ways to enforce child support payments. Ideally, none of these would ever have to be used but if you're unable to collect child support from the non-custodial parent of your child, take this information into account when going through the steps to collect payment.