Child Support Recovery
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What Is Child Support Recovery?
Child support recovery is the act of retrieving or "recovering" missed or skipped child support payments. Missed child support payments are sometimes called "back child support" or retroactive child support. Obtaining missed payments is important because the payments are intended to benefit the child and to facilitate their upbringing.
How Is Child Support Enforced?
When a parent does owe unpaid child support, the other child’s parent can recover the unpaid child support in a number of ways. These can include:
- Garnishing Wages for Child Support: After a court order to require the parent to pay child support, the other parent can send the court order to the responsible parent’s employer ordering the employer to withhold portion of the parent’s pay and send it to the parent who is owed the money for child support
- Government Effort to Collect Child Support: Both federal and state governments can become involved in the effort to collect the child support from the parent who is responsible.
- Property Seizure: If the wage garnishment does not cover the amount that the parent owes, the custodial parent may get the unpaid child support by going after the responsible parent’s property such as cars, house, boat, stocks, and/or trusts.
- Jail Time: Failure to comply with court order could result in contempt of court and the responsible parent may face jail time for the unpaid amount ordered by the court.
- Property Lien: The custodial parent may place liens on the property of the responsible parent and the lien remains on the property until the amount is fully paid and current.
- Other consequences, such as a suspension of one’s driver’s license
Thus, the main point is to encourage the paying party to keep up with payments and to make up for missed payments in the past. Failure to do so could result in consequences for the defaulting parent.
What Is a Child Support Recovery Agency?
A child support recovery agency, or child support enforcement agency, is an organization whose purpose is to assist parents in recovering back child support, especially when a parent is attempting to enforce an interstate order. They have specialized personnel whose job is to monitor payments and investigate claims of non-payment. These are often run by state or local governments, although sometimes they operate privately. Child support recovery agencies often work very closely with lawyers, judges, social workers, and other persons who handle child support affairs.
Child support agencies can also help parents gain child support from the other parent if the children were born outside of marriage. This can include assistance in obtaining paternity tests or assistance with having the court order a paternity test to establish paternity.
Should I Hire a Lawyer for Help with Child Support Recovery?
Child support laws can be very complex, as they differ from state to state. It is in your best interests to hire a family law lawyer if you need help with child support or other matters. Your attorney can provide you with legal advice for your claim and can provide assistance during the process. A qualified lawyer near you can provide you with the guidance that is needed for child support matters.
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Last Modified: 10-05-2015 02:29 AM PDT
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