Collect/Pay Child Support |
|
|
Getting Your Spouse to Pay Child Support Payments
|
| 1 thumbs up |
 |
|
By: XSTILLA.COM
Besides custody and visitation rights, child support payments are perhaps one of the most often argued points arising from a divorce. In fact, most divorces would never even have the need for litigation if it weren't for the inability to agree upon this one, contentious issue.
In most circumstances, a divorce is completely final shortly after resolving matters of property or the division of other assets, if any. With child support, some cases may linger on for years at a time, long after the divorce has been finalized. But what exactly is child support, who is eligible, and how are the payments determined?
Child support refers to the monetary payments one parent is ordered to pay to the custodial parent solely for the purpose of helping cover the financial needs of their shared children. Some of these needs may include food, clothing, housing, schooling, medical or day care, or any of the other costs that may be specifically related to the care of the child or children.
The age until a parent is obligated to financially support their child also varies from state to state, but is usually 18, 19, or 21, unless of course a minor has been previously emancipated.
Some child support orders have stipulations in place stating that the non-custodial parent must continue to make payments if their child is actively serving in the military, or alternately, may agree to discontinue payments if the child marries, or moves away from their primary residence to live independently.
Unfortunately, the only sure way of getting your spouse to pay child support payments, regularly and on time, is through a court order that must be officially signed by a hearing officer or a judge.
Here are some of the most effective ways of legally getting your spouse to pay the child support payments they were ordered to by a court of law.
- Personal Property Liens: If a non-paying parent is seriously delinquent in making their support payments, the court may place a lien on any of their personal property that isn't directly involved or responsible for their source of income.
- Income Withholding: Private attorneys and your local court's division of family services are able to obtain an order stating that an employer is to withhold income for the purpose of making child support payments. An employer must comply and may not discipline an employee any way for having an order to withhold their wages.
- Federal and State Income Tax Withholding: Both state and federal income tax refunds may be taken to cover child support payments, as well as any monies received from insurance policies, personal injury awards, veteran's benefits, or social security pensions.
- Unemployment Compensation: Unemployment compensation, worker's compensation, and social security disability payments can all be withheld for child support payments, although usually an amount of no more than 25% may be taken from their earnings each month.
Failing to pay court ordered child support payments may result in serious penalties, including imprisonment for contempt of court. In many locations, the delinquent parent may also be charged with non-support of a dependent, which is regarded as a criminal offense. Many governmental agencies that enforce child support laws also have the ability to suspend the non-paying parent's driver's license, as well as the power to revoke any professional licenses, such as the license to practice law or medicine.
|
| I like it |  |
|
Previous Article
