A child support order can come from:
- the Family Court
- Child Support Services
When the order is from the Family Court, the payment is made directly to the parent who is awarded child support. If there is a change such as a change in custody or visitation or a change to the earnings of either parent then a new Request for Order could be filed to address the adjustment to the child support order. If support is not made in a timely manner as per the court order, the other parent could file a Contempt order that would enforce the order.
If the order is from Child Support Services, the payment is made to the court trustee who will in turn give the monies to the parent. However, if the parent is on Public Assistance, the money that paid will reimburse that Public Agency. If the child support payment is not paid, then interest will accrue on the unpaid balance. These child support arrears can be substantial and Child Support Services may take away the driver’s license, or contractor’s license etc. to force payment. The best way to avoid these punishing tactics is to pay the child support payment in a timely manner. If the child support payment cannot be paid, it is best to file a Request for Order to address a payment plan for the amount owed. Once a payment plan is approved, the District Attorney will notify the appropriate agencies so that licenses can be reinstated.
Many people make the mistake of simply not paying child support when they are unable to do so. This may result in other court hearings, a wage assignment or expensive interest on unpaid balances. A better solution is to file a Request for Order to lower or erase the child support based on earnings.
If you have further questions about Child Support and arrears please call Legal Action Workshop @ 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com for more information.
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