In divorce proceedings, child support and custody are the most commonly contested issues, and parents can suffer substantial penalties if they do not make court-ordered payments. Penalties for nonpayment of child support include civil and criminal warrants, contempt of court findings, fines, imprisonment, wage garnishment, tax refund withholding, passport revocation, and license suspension.
Laws Vary According to Military Rank and State
Every state’s laws on child support and custody are different, but every state is able to enforce a support order from any state. Under the DPPA (Deadbeat Parents Punishment Act), a parent who moves out of state to avoid paying child support can face federal charges, and be forced to repay the arrearages. If a parent is in the military, penalties are different and can be as severe as service dismissal.
Seek Legal Help During a Financial Setback
Because the penalties for nonpayment are so severe, a parent having trouble making payments should make every effort to pay on time. If financial difficulties seem insurmountable, contacting the local child support enforcement agency and setting up a payment plan can help a parent avoid arrearages. Parents also have the option to hire a Child Custody Lawyer in Davenport, IA and petition the court for a modification, but must prove a decrease in income, change in custody, medical issue or economic hardship.
Support Delinquency has no Effect on Visitation and Custody
If a non-custodial parent is receiving support payments, they should remember that visitation rights are a completely separate issue. If the other parent does not make timely support payments, they can still exercise their court-given visitation rights, and the custodial parent is legally barred from restricting access to the child. In many cases, a parent who restricts access because of nonpayment is looked upon unfavorably by the court.
