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Common
Child Support Issues
Common Child Support Issues
Children have the right to be supported, whether their parents are together
or separated. Child support is designed to help pay expenses for a child’s
needs. The custodial parent is the parent who has custody of the child.
The non-custodial parent is required to pay child support. The following
information will help clarify some common issues regarding child support.
How Much Does the Non-Custodial Parent Have to Pay?
All states are required to use a formula, according to the Family Support
Act of 1988. The amount to be paid normally depends on income and the number
of children to be supported. The court may also require the non-custodial
parent to pay for health and dental insurance, life insurance, child care,
or education costs for the child, in addition to the monthly child support
payment.
Are There Ways to Change the Child Support Payment?
If the non-custodial parent is requesting a change in the payment (normally
a lower payment), the approval for the change needs to come from a judge.
The non-custodial parent has to show proof that their situation has changed
since the last court date. This proof could be a sworn statement from an
employer or doctor. Some important changes include:
- A decrease
in income
- An increase
in income of the custodial parent
- Increase
in expenses
- The child’s
needs have decreased
- The child
is spending more time with the non-custodial parent.
- Increase
in medical expenses
Child support
modification hearings are costly and take time. You may want to try to negotiate
with your partner before going to court.
What About Bankruptcy?
If the non-custodial declares bankruptcy, he/she is still required to pay
child support.
What If the Non-Custodial Parent Moves to a Different State?
Even if the parent moves, he/she is still required to pay child support.
Parents who owe child support can be found through federal, state, and local
records.
What If the Non-Custodial Parent Remarries?
The additional income that may come from the new marriage is not considered
available for child support. If the non-custodial parent has other children,
he/she will still be responsible for making child support payments to the
original child.
What Happens If the Non-Custodial Parent Refuses to Pay Child Support?
There are many ways that the child support payments may be collected. There
are also many things that can happen due to non-payment. The following are
some of those things:
- Income
Tax Refunds can be taken.
- Liens
can be placed on the property of the non-custodial parent.
- Bonds
or assets may be liquidated to pay the support.
- Any arrears,
past due payments, may be reported to the credit bureaus.
- The non-custodial
parent may be publicly humiliated (most wanted lists).
- The non-custodial
parent would be denied a license.
- Wages
can be garnished.
- Criminal
prosecution may take place.
- The past
due payments may be sent to collections.
- In most
states, not paying child support is a crime.
When
Does Child Support End?
A termination date is normally established in court. Normally, the non-custodial
parent is required to pay until the child is 18 (in some cases 21), until
the child completes college, or as long as the child is dependent or disabled.
If the non-custodial parent owes past payments, they are still required
to pay the amount, even if the support is supposed to end.
Is There Anyone That Can Help If the Non-Custodial Parent Refuses
to Pay?
The first thing to do is to call the Child Support Enforcement Agency in
your state. At this level, the State Attorney’s office will file suit.
It may also be helpful to contact ACES, Association for Children for Enforcement
of Support, at 1-800-537-7072. This agency is non-profit and helps custodial
parents work with the Child Support Enforcement Agency.
There are also private organizations that try to collect child support for
custodial parents. These agencies will charge an application fee and will
keep a percentage of what they collect. There have been reports that some
of them take an application fee and never take action. Make sure you contact
the Better Business Bureau and the Consumer Protection Agency in your state
to check out any private agency for complaints. |
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