Simply putting out a child support order doesn’t cut it for the justice system and it should be ensured that these orders are carried out with due respect for the law. The enforcement program for child support makes sure that the payments for child support are made regularly and properly. If you have dealt with child support you might know that several times the other party might fail to pay the support amount in full or on time and during these moments you need the help of law enforcement
Visit Your State Child Support Division
Each state which has a law that governs family law related matters likes divorce, child custody and child support etc. also has separate department that governs the enforcement of these laws. It is usually known as the Office of Support Enforcement. If you have hired the services of a family lawyer, then make sure that you seek their advice in preparing a file related to any offense against a child support order. The file is first reviewed by the department and only then any legal action could be taken. The enforcement division can make the other parent pay the amount for support in full and can force the other parent to sell his assets to meet the required payments as well. Listed below are the various ways how child supported orders are enforced around the various states in the US.
1. Income Withholding
In several US states such as Indiana, if the child support agency finds out that the other parent isn’t making the payments properly, they can issue an income withholding order against the parent. This means that the payments will be made directly from the non-custodial party’s income or salary. The non-custodial parent is also supposed to report to the child support office in case of any change of address and any failure can result in incarceration.
2. Contempt of Court
The court doesn’t tolerate any delinquency in the payments for child support and any violation of orders is considered to be its contempt and is a punishable offense. If any anomalies are found, the court has full rights to subject the failing party to serve jail time for a maximum of 180 days. Nevertheless, child support offenses are considered to be a civil offence and a person doesn’t get convicted unless he fails to make the payment at all.
3. Interstate Enforcement
If you think that running away from child support orders is an option, then think again. There have been several instances when the child support division has performed interstate action to bring any offenders to justice. Most states in the US offer full support to the child support agencies even though interstate cases are delayed very often.
4. Automatic Tax Interception
As soon as the court issues enforcement orders against a child support law offender, there is an option where the custodial parent can opt for the tax interception program. This automatically intercepts the failing party’s interstate and federal tax refunds and lottery winnings if any. However, this only works if the non-custodial parent files his tax returns on a regular basis and the child support group has proper evidence of the parent’s earnings.
5. Driver’s License Suspension
There have been cases in the US state of Indiana where the delinquent parties whose payments in arrears were more than $20,000 or 3 months time had their driver’s licenses suspended by the court. Suspension of any professional licenses like hunting, medical practitioner, lawyer and fishing etc. is also common in Indiana.
6. Conviction And Criminal Offense Charges
The Child support division makes sure that there is no stone unturned to dispense justice in a proper manner. Once, every possible civil remedy has been tried against the non-custodial parent without any visible results, the only option remains is to issue criminal charges against the delinquent party. Any failure at providing the child support payments for an extended time or amount is categorized as a Class D felony in the state of Indiana. The class D felony is a punishable offense and involves a fine of up to $10,000 and 2-3 years of jail time.
7. Motor Vehicle Seizure
Child support laws in Indiana State that if anyone fails at making child support payments, then the court can issue motor vehicle liens. This would restrict the delinquent party from selling or procuring any type of motor vehicle like car or truck. Courts can also release an order for the failing party’s vehicle to be sold and the sale amount would be used towards child support.
Child Support enforcement can be a scary thing, especially for the delinquent party. If you are not satisfied with a child support order, you can also file for a child support enforcement adjustment. For those dealing with cases related to child support, it would be a really good thing to know about the various ways how the law is enforced in case of any offense.