Collecting Past Due Child Support

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Collecting Past Due Child Support

Post  Admin on Mon Sep 21, 2009 11:53 am

There are many approaches to take in attempting to collect unpaid child support:
Wage Garnishment

Many child support orders have a clause that allows you to garnish the wages of the paying parent once payments become overdue. If your child support order doesn't have this language, you can ask the court to add it to your order.
A professional agency like us can prepare and serve the paperwork for a garnishment on the nonpaying parent's employer.
Once the garnishment takes effect, the current child support and some portion of the overdue child support is taken directly out of the nonpaying parent's paycheck each pay period.

The amount of wages that can be withheld each pay period for child support cannot exceed 50% of a total earinings in Arizona.
Child support garnishments usually take precedence over other garnishments, such as consumer debt garnishments.
License Suspensions

Under the 1996 Welfare Reform Act, all states must have procedures for revoking the licenses of non-paying parents.
Affected licenses include:

Driver's licenses
Passports
Professional licenses (medical personnel, lawyers and any other profession for which you need a license to perform)
Recreational licenses, such as fishing and hunting

Attaching Tax Refunds

If the nonpaying parent is at least three months behind in child support payments, the Federal Tax Offset Program allows you to attach (take) the nonpaying parent's federal income tax refund.
Liening Property

If you put a lien on the nonpaying parent's real estate, he or she won't be able to sell the property without paying the overdue child support.

Putting a lien on property is easy to do, but there's no guarantee the nonpaying parent will sell the property any time soon.
Federal Criminal Prosecution

The Deadbeat Parents Punishment Act (DDPA) makes it a felony to:

Move from one state to another to evade child support obligations
Fail to pay more than $10,000
Fail to pay due child support for more than two years

Contempt Motions

Another option might be to file a contempt motion against the parent who hasn't paid support, asking the court where the child support order originated to hold him or her in contempt for violating the child support order.
Hiring us is a fast and most efficient way of processing a contempt motion.

You will need the following information to file the contempt motion:

A copy of the child support order
The nonpaying parent's name, current address and social security number
The nonpaying parent's driver's license number, if available
The current employer of the nonpaying parent, if available
A list of any real estate the nonpaying parent may own
Identification of any professional licenses the nonpaying parent may hold

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