Child support payments can be court-ordered, or they can be required through a state governmental agency. They can be assigned as part of a divorce case, during a separation, or in a paternity determination. Parents are obligated to financially support their children, and support payments ensure that both parents continue that support, even when they do not live together. If your ex is not making their support payments, a child support attorney can help you determine your next steps.

Support payments are enforceable court orders, whether parties litigated the order or made an agreement outside of court. Support that is ordered by a state agency can also be enforced by that agency or by the court.

When a co-parent does not pay their required support, it can put you and your children in danger of serious financial harm. When a parent is unable to make their payments, they should take action to have their payments reasonably modified or appeal the court’s decision. Refusing to pay the support hurts the entire family. If your ex won’t pay child support, there are steps you can take to secure it.

Finding the Agency That Enforces Child Support Payments

Child support is usually managed by the state. Different states have child support payments managed by their own agency. Child support payments are typically managed, paid, and enforced by these agencies. Some of these agencies include:

  • Kansas: Department for Children and Families’s Child Support Services
  • Illinois: Department of Healthcare and Family Services’s Division of Child Support Services
  • Nebraska: Department of Health and Human Services’s Child Support Enforcement
  • Missouri: Family Support Division of Child Support Enforcement

Your first step when you don’t receive support payments should be to talk to your ex if that is feasible in your situation. There may be ways for you to work out this issue together rather than take more serious action and risk alienating your co-parent. Unfortunately, you may not always be able to talk through these issues with the other party, or they may refuse to change their actions. When that occurs, you can ask the court or state agency to take enforcement action.

Possible Enforcement Actions

A state agency or the family court has several potential methods to enforce child support orders. These include:

Income Withholding

Also called wage garnishment, a state agency or the court can require the non-paying parent’s employer to take part of their wages. This portion is directly sent to the other parent to cover unpaid support. Each state has its own limitations on how much of the paycheck can be used to cover past and current support payments. This is one of the most effective ways to recover the support you need. Income withholding is more likely to be successful against parents who have stable employment and are not self-employed.

Administrative Penalties

State administrative penalties can include the suspension of a driver’s license, a recreational license, or a professional license. The state may also report the unpaid support to credit bureaus, put liens on real property or assets, and garnish bank accounts. These penalties will continue to affect a non-paying parent until back payments have been made.

Contempt of Court Charges

If the paying parent is willfully refusing to pay court-ordered support, contempt of court charges can be filed against them. If a parent does not appear for the hearing on the charges, a warrant can be made for their arrest. Depending on the severity of the nonsupport and whether the parent has been convicted of nonsupport previously, the court may offer ways to pay back the support, or it may charge the individual with a crime.

Federal Referral

Support non-payment can also be referred to the U.S. Department of State if it is significant enough. This can lead to more severe penalties, which will be on the federal level.

FAQs

Q: How Long Can You Go Without Paying Child Support in Kansas?

A: A child support payment is considered delinquent after 30 calendar days without payment. This applies whether no payment or a portion of the payment has been made. If the entire debt is not paid within 30 days of it being due, the Child Support Services (CSS) division in the Department of Children and Families can take action against the delinquent parent if child support payments are made through the CSS. Otherwise, a parent can file with the court that created the child support order.

Q: What Are the Penalties for Not Paying Child Support in Missouri?

A: The penalties for not paying child support in Missouri vary depending on the amount of support that is unpaid, how long it has not been paid, and whether you have the ability to pay the support or not. Missouri courts may take actions to enforce payments, such as:

  • Withholding portions of income
  • Suspending a driver’s or professional license
  • Placing liens on certain assets, including real estate
  • Seizing assets
  • Finding the parent in contempt of court
  • Filing a warrant and pressing criminal charges
  • Fines and potential imprisonment

Q: How Long Does a Parent Have to Pay Child Support in Nebraska?

A: A parent has to pay child support in Nebraska for the duration that is stated in the child support order. The age of emancipation in Nebraska is 19, and this is commonly when child support payments end. However, there are situations where support payments can be terminated early, or they can last for much longer.

If there is unpaid support when the support ends at emancipation, those debts are still owed. Payment of those missed support payments will be enforced until they are paid.

Q: Can Parents Agree to No Child Support in Iowa?

A: Parents cannot usually agree to no child support in Iowa. Child support is the right of a child, so parents cannot take that support from them. Parents have a legal responsibility to provide financial support for their children, and that responsibility does not end because parents have separated. Parents can sometimes request the suspension of support payments if the primary custodial parent does not want to receive the support payments. This suspension does not affect any past payments, and unpaid support can still be enforced.

Contact Stange Law Firm for Child Support Enforcement

There are options for parents who cannot make their support payments. If you are having trouble paying support or are not receiving the child support you need to care for your children, contact Stange Law Firm. We can help you determine your options for enforcement.