Practical Law Presentations Family Law Unpaid Child Support (download this info. as a word document) 1. The Census Bureau reports that only about half of the parents entitled to receive child support receive the full amount that is due. About one-quarter of parents to whom support is due receive partial payments, and the other one-quarter receive nothing at all. The Census Bureau estimates that each year, about $5 billion dollars in court-ordered child support is not paid, making a total unpaid child support debt of about $34 billion as of 1994. 2. Non-payment by fathers is not the only child support enforcement problem. Prosecutors who handle support collections estimate that between 2% and 5% of their cases involve mothers who did not pay their child support obligations. 3. Payment of child support correlates with visitation with the child. The Census Bureau reports that 8 out of 10 fathers with visitation paid child support, and 9 out of 10 fathers with joint custody paid support. Of the fathers with no visitation rights, fewer than half paid support. Enforcing Child Support Orders The most common is a wage deduction order, which orders an employer to send a portion of the noncustodial parent’s wages to a state agency, which then sends the money to the custodial parent who has custody of the child. Beginning in 1994, all new child support orders were required to provide for an automatic deduction from the noncustodial parent's wages unless the parties have agreed otherwise or unless a court waives immediate deductions from wages. The order must provide that a wage deduction will begin without returning to court if the person owing child support falls more than 30 days behind in payments. Wage withholding can be used to collect current support as well as past-due support. Tax refund intercepts. The government sends a notice to the Internal Revenue Service or the state department of revenue, directing that the noncustodial parent's tax refund be sent to the government for payment of support. Liens on property. A lien can be placed on real estate, automobiles or other property of the parent behind in support payments. If support is not paid, the property can be confiscated and sold. Contempt of court. The person to whom support is due or the government can ask a court to hold the parent behind in payments in contempt of court for willful failure to pay support. If found guilty, the person could be jailed, fined, or both. Collection agencies. Some agencies are willing to collect past-due support, like they collect other past due debts. They usually charge a portion of the amount collected. Revocation of licenses. About 20 states revoke driver's licenses and/or professional licenses of people who have not paid child support. Interstate collections. State and federal laws make it easier now to enforce support orders when the parents live in different states. State and federal prosecutors may be able to help. >>Family Law Home >>Separation, Annulment, Divorce >>Dividing Property in Divorce >>Determining Custody >>Tips for Divorced Parents >>Child Support Guidelines >>Unpaid Child Support Reaching the Community Home | Practical Law Presentations Home