What Happens If You Don't Respond Within 10 Days to Child Support Arrears in Alabama?
- Alabama uses income withholding as the primary method of enforcing child support, at the time of publication. Once you become 30 days overdue on your child support, the custodial parent can petition the court to ask it to enforce child support. The court then orders your employer to garnish your wages, or withhold a portion of your wages each pay period and forward it to your child's parent. Almost all child support orders in Alabama include the option of withholding income, but most courts don't enforce the garnishment order unless you fall 30 days behind on your child support payments.
- If you do not pay your Alabama child support as ordered, you are guilty of contempt of court. Child Support Enforcement can ask the court to file contempt charges against you if you are 30 days or more in arrears. If the court does so, you will receive a notice stating that you must go to court to answer the contempt charges. You will have a chance to explain at the hearing why you did not pay the child support as ordered. If the court finds that you purposely withheld child support, it sends you to jail. If you don't go to the hearing, the court may issue an arrest warrant for your failure to appear.
- If you fall behind by 30 days or more on your child support, Alabama may take other collections actions against you. If you get a federal or state tax refund, Child Support Enforcement can deduct the back child support from it before giving any leftover refund to you. If you owe more than $1,000 in child support, Child Support Enforcement can also report you to the credit bureaus.
- Falling behind on your child support obligation can have serious legal and financial consequences in Alabama. Thus, if you can't pay your child support, don't just ignore your obligation. Ask the court to modify your child support order to an amount you can afford. You will have to show proof that you cannot afford the old amount for reasons beyond your control. Continue paying the old amount until the court approves your modification so that you don't fall behind.