What Can Be Done if a Parent Refuses to Pay Child Support?

definition

Child support is a court mandated payment made by a non-custodial parent to a custodial parent, and it is designed to assist the custodial parent with the costs of raising a child. Many nations around the world have child support laws, because raising a child is believed to be the joint responsibility of the parents, whether or not the parents are still together. It is awarded by the court after the judge has considered factors like the income of the non-custodial parent, along with outstanding expenses borne by both parents. Once the court has ordered child support, the non custodial parent is expected to pay it on a regular basis.

Unfortunately, many parents avoid paying child support, using a variety of justifications. Common excuses for avoiding child support payments include inability to pay, lack of accountability for the money, unwillingness to have the child in the first place, to protest visitation agreements, or a personal conviction that the amount of the award is unfair. The burden of “deadbeat” parents is placed heavily on women, who are more likely to be awarded primary custody, and deadbeat dads are a well understood social phenomenon in most countries. If a non custodial parent feels that an award is unfair, it is his or her responsibility to file a formal claim with the awarding court.

There are a number of options for recovering child support payments from a parent who is shirking on his or her duties. Many parents become frustrated with the process, and turn to a private agency to recover the monies they are owed, but there are legal courses to pursue, most of which are free. The first step is documenting the non-payment with the court that issued the initial child custody order. Employees of the court can work with the parents to try to reach an amicable agreement through mediation, or find the non-custodial parent in contempt of court, which will initiate a legal process to recover the money.

Common methods of extracting child support from dead beat parents include garnishing of wages for a lump sum award, wage withholding for regular monthly payments, seizure of or liens on assets, and interception of tax returns. Failure to pay child support can also result in a fine and jail sentence, although this law is rarely enforced. Child support enforcement can also be carried out across state lines, with the court that awarded the payments requesting assistance from a child support agency in another state.

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New: Discuss this Article

Posted by: anon15641
This article is very informative, but it doesn't address a mother who has to pay child support. My ex wife and i were married less than 3 years and we divorced in 2004. I willingly walked away from the marriage and only wanted 2,000.00 for the home we shared and joint custody of our son. To make a long story short she left me for another man and they begin to use drugs in my old home with my son. When she finally admitted to drug use she released temp custody of our son to me. I went through the court systems and finally received full custody and child support payment. But now she and the man that she used drugs with are now married and expecting a child and she refuses to pay child support claiming that the amount the judge ordered is too much for her to pay. So now I'm stuck with a woman who feels that just because she is a woman and the judge set the amount higher than before she will not pay. She tells me, "I cannot pay and what can you do about it have me locked up." I don't want to have my son's mother locked up but she refuses to pay. I need some help!
Posted by: frustrated
My ex-husband, the father of my child, was ordered to pay $400.00/mth by the courts. He never pays on time and it has become a real problem cause I depend on that money since we are living under the poverty line and he is living the high life with his new wife and children that aren't biologically his. I need advice on what I can do about this situation. He still has control on my life even though we are divorced.

Sincerely

frustrated

Posted by: bigmetal
i think it's unfair to characterize all moms who are seeking child support from dads (dead beat or otherwise) as gold diggers who do nothing but sit around waiting for a handout. first of all, just because a marriage or relationship is over, it does not mean that the father (or non custodial parent) gets out of helping support their child financially. think about how difficult it must be to be a single parent! bottom line, both parents are still responsible to care for their child, despite the situation with their ex.
Posted by: anon8609
If this person has not filed for child support for seven years, why now, of course a lump sum looks pretty good, Yes there are some dead beat dad's out there, but not all of them. I am seeing more and more good men who want to be fathers but are not allowed to, and are made to pay dearly. Plus have no access to their children as the mothers are too busy crying wolf and sitting on their butts looking for a free ride. The children are their last priority all they see are dollar figures.
Posted by: anon615
How do you file for child support?

I have had sole custody of my daughter for 7 years and never filed for chid support. If i file now will we be back paid for the past seven years. We have lived in northern alberta for 12 years.


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