How to Handle Unpaid Family Support Collections

When a parent is ordered by a court to pay child support and fails to do so, the parent may be subject to legal action and possibly wage garnishment. Parents who fall behind on child support due to job loss or unforeseen circumstances may be able to petition the court for a modification to the support order. It is up to the parent who desires a modification to ask for it. Otherwise, legal action can be taken.

Dealing with Unpaid Support Collections

The consequences for not paying child support or other family support obligations can be harsh. There are several things a court may be able to do, depending on the state in which the support order exists.  Upon proper legal action, the court may order:

• Garnishing of wages of the person who does not abide a court order to pay family support;
• Refusal of legal documents and licenses for the parent who refuses to pay;
• Intercepting benefit compensation;
• Attachment federal and state income tax refunds if the party is to receive a refund; and
• Possibly jail time.

If you are owed back child support payments, you have the right to help. The local agency which handles back support payments can generally be contacted fairly easily. You will need to provide documentation to enforce your support order. Paperwork is generally part of the process. If you can provide information about where the party who owes you money can be found, it may expedite the legal process. The person must generally be notified of a court hearing once the paperwork process has commenced and given an opportunity to represent his or her interests. 

A person who is having difficulty paying may be eligible for a modification depending on the nature of the circumstances which make it difficult to pay. Job loss, illness, injury and remarriage are common justifications for modification.

Getting Legal Advice

An experienced family law attorney can assist you with seeking family support to which you are entitled. If you have a support obligation that you are unable to pay due to changed circumstances, do not wait to petition the court for a modification. You may be busy and need to take care of your personal situation, but getting a modification can protect you from wage garnishment and other legal actions. An attorney can advise you of the best procedure for dealing with your support situation.