Who is obligated to pay child support?
Who is responsible for paying child support? This is a complicated question to answer at times.
The non-custodial parent, the non-custodial adoptive parent, both biological parents, and sometimes the non-biological parent who has taken on the responsibility of raising the child for an extended period are the responsible parties. You do not have to be married to be responsible for paying child support, and a divorce will not automatically relieve you from paying support. If you are the biological parent, you will have to pay your share of child support.
Typically, child support must be paid until the child turns 18, or until they graduate from high school. However, laws vary in each state. There are times when a child with special needs continues to receive child support after the age of 18. If the child is adopted by someone else or is in active military service, child support payments no longer apply. If this is the case, the non-custodial parent will need to petition the courts to be relieved from further payments.
Important
In most cases, a non-married stepparent is not responsible for paying the child support owed by their partner. Their income is also not included in child support calculations.
How to file for child support
It takes obtaining a court order to begin the child support process. This can happen at any time, whether it is immediately after the child is born or after you have separated from your spouse – but have not yet divorced – for several months or even years. Generally, it’s better to file the application sooner rather than later. Child support typically starts on the date the order is filed. It is not retroactive to the date of filing, which is why it is very important to start the process as soon as possible.
Court orders are available through your local child support agency. You can choose to have agencies represent you, hire a lawyer, or represent yourself. Hiring a lawyer is usually the best idea because they have no emotional vested interest in the case and will not be swayed by excuses. Family law attorneys also have specialized knowledge and experience relevant to child support and child custody issues. If you choose to represent yourself, you should ensure that you are equipped with as much information as possible.
Obtaining a court order
Obtaining a court order is easier than it seems and is something you should do if you want the other party to have a legal obligation to pay child support. Without a court order, the other parent has no legal obligation, and even if you agreed on mutual payment terms, you would have little leverage if they stopped paying.
To get help in collecting your child support, seek assistance from the child support enforcement agency in your area. They will assist you in locating the non-custodial parent within the state, provide free legal advisors, and offer information through the attorney general’s office. When the parent does not pay child support, the agency will help you collect support and provide the necessary paperwork to ensure you receive your payment.
To collect child support from a non-paying parent in another state, your local attorney general’s office will submit the necessary paperwork to the judicial system. Your state court will contact the court in the state where the non-paying parent resides and start the collection process. This doesn’t always work, so don’t hesitate to do your own legwork in finding the parent and where they work. The sooner you locate them, the faster you can complete the process.
Note
Do not
You must grant custody or visitation of the child by the court for the parent to be required to pay child support. Violating the terms of a support order can lead to fines and/or jail time for the non-paying parent.
Collecting Child Support
Collecting child support and tracking payments is crucial. One of the first things that courts may do is garnish wages from the parent’s paycheck so that they cannot claim they missed a payment. However, often the parent stops working or moves from job to job to avoid garnishment, and it can be difficult to track them down. Even unemployment payments can be used to catch up on past child support, so it’s important to stay informed and ensure you receive every penny you deserve. Property can also be garnished, especially if it is to collect past due payments.
For business owners, a business license or professional license can be revoked in case of non-payment. If they wish to continue earning money in their current job, they must catch up on past child support to restore their licenses. Many professionals are not allowed to practice their profession without their licenses, so they usually have a strong incentive to pay. One thing a parent cannot do, however, is file for bankruptcy to avoid paying child support.
Advice
It may not be possible to collect past child support indefinitely. Check your state’s laws to see if there is a law that limits how long you can pursue the non-paying parent for back support.
When attempting to collect back child support, you just have to keep moving forward and not give up. Seek information from various reliable sources and follow every avenue you can. Child support is meant to help pay for the costs of raising the child, and you are entitled to your fair share. Most parents try hard to support their children, but that is not always the case. No matter how your relationship with the other parent ended, do not feel guilty about what you are doing. They have a role in raising their child even if they are not in the home, and it is your responsibility to ensure they are held financially accountable for their part.
Frequently Asked Questions (FAQs)
When can you apply for child support?
While it ultimately depends on local laws, you are likely to have the option to apply for child support as soon as the child is born. If the parent has reason to believe that the other parent will not financially support the child, they may have a strong reason to apply for child support – whenever that may happen.
When do child support payments start?
Child support payments can begin as soon as a court order is issued. The method of payment can slightly affect the timeline. For example, if payments are deducted from employee paychecks, you will have to wait until the next payroll cycle.
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Sources
The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts in our articles. Read our editorial process to learn more about how we verify facts and maintain the accuracy, reliability, and quality of our content.
USDA. “The Cost of Raising a Child.”
Office of Child Support Enforcement. “Who Owes Child Support Debt?”
Source: https://www.thebalancemoney.com/how-to-collect-child-support-1289811
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