What Happens if Child Support isn't Being Paid?
What if Child Support isn’t being paid?
If child support isn't being paid or you are having trouble collecting child support, there are several options available to you from filing a legal action to enforce child support payments (contempt action) to wage garnishment. While nonpayment of child support can result in having an action filed against the non-payer, the non-payer may have some legal defenses for nonpayment. For example, the nonpaying party could show they have a legitimate "inability to pay." It is also important to note that if the parties think the current amount of child support is too high or too low, both parties may modify the amount of child support upward or downward after settlement or court action under certain circumstances.
Penalties for Nonpayment of Child Support
Contempt is a legal action that can be brought against an individual that willfully fails to comply with a court order like child support.
Failure to pay court ordered child support can result in your wages/earnings being garnished to satisfy the child support debt.
If you are found in contempt of court for failure to pay court ordered child support, the penalty could be imprisonment.
Enforcing a Child Support Order
Child Support Modifications
Life is unpredictable and circumstances change. Once a Final Order and Decree of divorce has been entered in a divorce case, it is possible to modify child support after the fact. The could happen for a number of reasons. Often times when there is either a change of custody or a change in the income or financial circumstances of one or both parents, one or both parties will seek to modify their child support order. Modifications of child support can be procedurally complex. It's also important to note that there are specific requirements for child support modifications.