Question: What happens if I don't make my child support payments as ordered?

Answer: Not staying current on your child support obligations is called "big trouble."  

You are inviting a lot of legal involvement in your life and finances if you don't live up to your mandated child support obligations.  Additionally, it can hurt your credibility with the court and with state enforcement officials if you want to later make changes to your parenting plan, your custody arrangements or other aspects of the legal relationship with your kids and your former spouse.

 

The court order entered as a part of your divorce and custody process defines the amount and payment schedule, as well as other conditions that might lead to recalibrating your commitments.  These conditions might prescribe how much of a new raise might be added to your support obligations or what you can do with a windfall like an inheritance or an insurance settlement.

Failing to meet the schedule is seen as defying an order of the court and could land you in jail, result in a garnishment of your wages, intercepting your tax refund, seizing property, suspending your business license or driver's license or other serious consequences.

Garnishment is sometimes the most difficult as it involves your employer holding back some, most or all of your income and remitting it to the state.  When paying your back obligations involves your employer, it could create some unintended negative consequences at work.  While Title III of the federal Consumer Credit Protection Act prohibits an employer from firing an employee for having a garnishment for any single indebtedness, you could be in trouble with your employer for multiple garnishments.

 Others that could come beyond your child support garnishments (like back taxes or other debts) could result in your being fired.  So this is clearly something you want to avoid at almost any cost.

If you are having difficulty meeting your child support obligations, you might consider creating a more realistic budget, reducing your expenses, finding less expensive housing, getting a cheaper car or negotiating with creditors to lower your monthly debt obligation payments.  These may seem like drastic measures and may really change your life, but a more austere lifestyle may be in order so that you can meet your obligations and provide for the care of your children.

If you become unemployed, take a pay cut, have large medical bills, or have some other extenuating circumstance, it is important that you begin the process immediately to have your child support amount modified. You would start by contacting your state's child support enforcement office and requesting to file a formal motion to modify your child support obligations.  It is in your best interest to start this process as soon as something significant changes.  In most cases, the law prohibits a judge from retroactively reducing a child support payment, even if a reduction is reasonable after the fact.  And you will remain on the hook for the amounts required before the effective date of the modified child support order.

Getting behind on your child support payments is something that you need to think seriously about.  Neglecting this important responsibility can have far reaching consequences and is a lot more critical than many other choices you can make when times get tough financially.  Just go in with your eyes wide open.

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