Enforcing Child Support Arrears: Process and Consequences

When a judge issues a child support order, the matter isn't just a suggestion—it's a legal obligation. If the payor fails to meet this obligation, they can be ordered to start paying back arrears.

What are Child Support Arrears?

Arrears refer to past-due child support payments. When a parent fails to pay the stipulated amount, the child support obligation is considered in arrears. The court will determine the duration of the non-payment, and accordingly calculate the arrears amount.

Legislative Context: How Far Back Can the Court Go?

The extent to which the court can go back to calculate arrears can vary significantly depending on the state's laws. For example, in Florida, the court generally only considers the last 24 months. Other states may start much earlier, from the date of separation or whenever the issue of child support was first addressed in court.

The Legal Process for Collecting Arrears

Once the court determines the amount of arrears, it typically enters an order outlining a payment plan for the parent in arrears. This usually involves arranging for the parent to pay off the arrears in installments. Failure to comply with this order can result in serious consequences, including legal actions and even imprisonment.

Real-life Scenario: The Experience of a Parent

Let’s consider a personal experience. I encountered a similar situation with the father of my oldest child. When my ex-husband, who was unemployed and lacked a driver’s license, failed to pay child support, he didn't expect the court to be strict. However, the judge was not lenient at all. Instead, the court imposed a strict payment plan.

When my ex-husband owed around $10,000 in arrears, the judge ordered him to pay $1,200 by the weekend. This was typically either Thursday or Friday. The judge offered other options such as making the payment online with a debit card, credit card, or facing 30 days in jail for non-payment. Despite being unemployed, he managed to pay this amount. Months later, he owed another $1,400, which resulted in a warrant for his arrest for non-payment.

Consequences of Non-Payment

Failure to pay child support can lead to severe legal repercussions, including fines, wage garnishment, bank account levies, and even jail time. These measures ensure that the child's right to support is not jeopardized. Moreover, if a parent hangs on to the arrears, the bill will continue to compound and never go away.

Seeking Professional Guidance

For detailed guidance on the process of enforcing child support arrears in your specific jurisdiction, consulting a qualified family law attorney is highly recommended.

Remember, non-payment of child support is not just an inconvenience—it can lead to significant legal troubles. Make sure to keep up with your court-ordered payments to avoid these potential consequences.