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WHAT COULD HAPPEN IF I DON'T PAY CHILD SUPPORT? |
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What happens if I don't pay my court ordered child support? |
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Can my arrearage in child support be collected out of my assets? |
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Is non-payment of child support a crime? |
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Is my driver's license in jeopardy if I have a support arrearage? |
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Can I just move to another state to avoid paying my child support? |
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Why are the rules so strict? |
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| Q: |
What happens if I don't pay my court ordered child support? |
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Your ex-spouse has several remedies. You could be held in contempt and punished for contempt by being jailed. The court often does not send you straight to jail, but instead gives you a short period of time to purge yourself of the contempt by payment. The amount you are ordered to pay (the purge amount) should be in keeping with your ability to pay. Sometimes, however, the court will send you straight to jail, but with a provision that you may gain your release by making payment in an amount the judge believes you are capable of making. |
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| Q: |
Can my arrearage in child support be collected out of my assets? |
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Yes. The child's custodian is entitled to obtain a judgment against you, the same as a creditor can for money you owe. The judgment can be enforced against real estate and any other asset you own, such as a car, bank accounts, stock etc. Your wages and bank accounts are also subject to garnishment for any child support arrearage judgment. |
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| Q: |
Is non-payment of child support a crime? |
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Yes. You may be convicted of a Class A misdemeanor if your non-payment continues for more than six months, or is more than $5,000, and if the non-payment was willful and without lawful excuse. A Class A misdemeanor is punishable by up to one year in jail and a fine of up to $2,500. If the amount exceeds $20,000, you can be charged with a Class 4 felony, punishable by one to three years in prison. |
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| Q: |
Is my driver's license in jeopardy if I have a support arrearage? |
| A: |
Yes. Not only a driver's license, but also professional licensing, can be suspended on account of an arrearage in child support. |
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| Q: |
Can I just move to another state to avoid paying my child support? |
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No. Most states have adopted either the Uniform Reciprocal Enforcement of Support Act or the Uniform Interstate Family Support Act to allow one state to enforce and collect on the support orders of another state. If you move, they will find you. Also, if you leave the state to evade payment obligations, you can be charged with a Class A misdemeanor. |
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| Q: |
Why are the rules so strict? |
| A: |
Having a family is a serious obligation. The government seeks to protect the interests of your family. The federal and state governments are concerned with "deadbeat dads and moms" who can pay but will not. The welfare of children is a top priority for the government. |
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