Divorced couples that contest for child custody can have themselves quarreling over child support. A parent can claim that the other is being unfair, which is why there are strict laws all over the United States which regulate the payment and collection of child support. Here is how the parent should proceed in case they haven’t received the child support amount.
Must be Legally Bound
The United States Law clearly states that for the legal enforcement of child support payments, there must be a court issued child support award for the parent. A mutual agreement between both the parents on a specified amount is not enough to get the Law Making bodies involved in the case. The first step in the process is to be taken by the parent that needs child support. They must file a petition that requests the other parent to pay child support.
This may lead to a hearing which would determine whether child support is necessary and what is the amount sufficient for the child’s well being. A father may institute a child support order following a petition for paternity.
For custodial parents who haven’t received child support, seeking assistance is not difficult. They can receive assistance from the District Attorney’s office or ask for assistance from the child support enforcement office.
Alternatively, if a parent has less knowledge about the proper proceedings, they can ask their private lawyer to help them get the child support needed.
Consequences after filing for missed payments
If the custodial parent has filed a complaint against the non-custodial for missed child support payments, there are some severe consequences:
Non-custodial parents may wind up behind bars if they are behind on their child support payments. This is on the condition that a parent willfully decided not to pay child support. This is considered a felony offense and can also be considered a contempt of court.
If the non-custodial parent thinks they can save up money by not paying child support, they are very wrong because missed payments of child support can add fines on top of the original payment.
The court may order a certain portion of the non custodial parent’s income to be garnished for child support when the case is first filed. If the order was not present initially, the court may order it after the missed payments. The garnishment can go up to 60%.
If the non-custodial parent is to receive tax returns, has won a lottery or has won a cash prize, the Federal Law permits the interception of these funds to be used for missed child support payments.
For parents that are not well acquainted with child support laws, seeking help from an experienced lawyer will ease the process for you. Contact Casement Group, P.C. today at (847) 888-9300 for a free consultation with an experienced and reliable attorney.