Kevin Qualls Family Law
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Can child support payments be enforced?

After a negotiation or court-ordered mandate, a child support amount has likely been decided. One child's parent is the payer of the child support payments, and the other is the recipient on behalf of their child. However, just because child support has been ordered doesn't mean that the paying parent will pay it in full and on-time. So, what's to be done when your child's support payments aren't coming in?

Because child support amounts are calculated and mandated by the court, they can be enforced. In order to seek enforcement of delinquent or missing child support payments, the receiving parent must seek help by filing a motion with the district attorney. The district attorney will then seek out to meet with the non-paying parent, letting them know there will be consequences for failing to pay child support.

The court could impose several consequences on a person who fails to pay child support, including the withholding of federal tax refunds and using these funds to pay child support, and wage garnishment. The court could also seize property, suspend a business or occupational license, revoke a driver's license or even order jail time. All punishments would be in response to missing or late child support payments. These payments are crucial for a child's financial wellbeing, so failure to contribute is taken very seriously by the court.

It's important to know that without a court-ordered child support determination, the court cannot enforce a child support payment. This means that if your child's child support amount has not been submitted and confirmed by the court that the enforcement step cannot be taken. Going to the court to get this determination is half that battle - then it can be enforced if necessary.

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Kevin Qualls Family Law
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