Children have a right to the physical, emotional, and financial support of both parents. When one parent stops contributing financially to a child's upbringing, the child suffers. Many techniques and types of agents are available to help parents get the child support they and their children are owed.
Raising children is challenging. It is also rewarding, fascinating, and
exhilarating, but it is always challenging. Single parents have a tougher job
than people who parent in tandem, because they have nobody in the home with
whom to share the work of nurturing, teaching, and disciplining the child.
When single parents do not receive the child support they are due, the job
of parenting alone becomes even tougher. Their budgets can become stretched so
thin that the custodial parent goes without proper nourishment in order to
provide for the child, or must live in substandard housing in a less-than-safe
neighborhood. Child support is a right of the child, and it takes both parents
to meet a child's financial needs.
When the noncustodial parent refuses to pay court-ordered child support, the
child always suffers. For children's sake, federal and state governments have made
it possible for parents to collect back child support that is owed. It's
becoming easier to locate deadbeat parents, and to make them pay the child
support that they owe.
Who should collect the child support?
When it comes to collecting child support, there are options. No one person
or agency is better than any other; each family's needs are different, and what
is right for one family is not necessarily best for another. Parents
considering action to collect past-due child support should carefully consider
their needs and their situation before deciding who, if anybody, to contact for
help.
Custodial Parent--Whenever possible, the custodial parent should be in
charge of collecting child support from the noncustodial parent. Children who
see their mom and dad working together in their best interest will witness
problem-solving skills in action and know that their parents are both on their
team.
Government Child Support Enforcement Program--Each of the fifty states
provides child support collection services, regulated by the federal
government, to parents who are owed child support. These programs are great at
helping custodial parents locate the parents who owe, and have several
effective methods of making deadbeat parents pay their child support. They are
also free or cost less than private groups. Government child support programs
are often slow, however, and are not as aggressive as private agencies.
Private attorney--For typical attorney's fees, the attorney who helped draw
up the child support order can help parents collect the child support that they
are owed. Some parents who are reluctant to pay when asked by the custodial
parent, or who slip through cracks in state systems, are more willing to pay
when contacted by an attorney. Attorneys often work with government agencies,
helping parents collect more quickly.
Private Collection Agencies--Private child support collection agencies are
designed for parents who have tried everything to collect past-due child
support. They pride themselves on being able to locate hard-to-find parents,
and they use typical collections tactics to convince parents to pay. While they
boast high collection rates, these agencies are not cheap--they charge up to 25
to 30 percent of what they collect, plus any legal fees incurred. They can't
use some government tactics, such as tax intercepting, so think carefully
before contacting an agency of this type.
How to Get the Money
Once you've decided who will handle your child support collection, it will
be time to actually collect the money. Various methods exist to get deadbeat
parents to pay what they owe, some more unpleasant than others.
Ask for it--It's surprising how often asking a parent to pay child support
will help. When custodial parents stay on top of the parent who owes,
arrearages are less likely to accrue. Communication between parents is also
important for other aspects of children's lives, and parents who are able to
talk effectively are demonstrating good problem solving for their children.
Garnish Wages--If a parent starts to get behind on child support, garnishing
his or her wages is a good first step toward getting what is owed. Parents
whose child support is collected by a government child support enforcement
agency don't have to initiate this step themselves; the agency will
automatically garnish wages if a parent becomes a month behind on child
support. An individual or his or her lawyer can also request the court that
handled the support order to garnish wages of the parent who isn't paying. Call
or visit the court and ask what sort of paperwork is necessary.
Intercept Taxes--Sometimes garnishing wages is not an option, for example if
a noncustodial parent is self-employed or changes jobs frequently. The
custodial parent can talk to his or her government support enforcement agency
or attorney about having the delinquent child support withheld from the
noncustodial parent's state or federal income taxes.
Property Liens--If the noncustodial parent owns a lot of property and other
tactics have failed to get him or her to pay child support, the parent or his
or her agent can place liens against the property. Only personal property (not
business property) is eligible, and some states won't allow liens on property
that's owned jointly with another person. Remember, a property lien doesn't
yield cash until the property is sold, so it could be a long time before the
money appears.
Credit Reporting--Delinquent child support can be reported to credit
agencies just like a tardy electric bill or loan payment. Often, just the
threat of being reported to a credit bureau will convince a parent to pay up.
Governmental child support enforcement agencies are required to report child
support arrearages to credit agencies, so custodial parents working with these
types of agencies don't need to do anything extra to have this done.
Contempt of Court--As a last resort, parents and their agents can pursue
contempt of court charges against parents who have not been making their child
support payments. Child support is court-ordered, and parents who disobey the
court order are subject to criminal charges that may lead to fines and jail
time.
Other Tactics--If the above methods fail, child
support collectors still have a few other strategies to help parents get the
child support they are owed. Government programs can revoke the driver's
licenses or passports of parents who owe child support, and can garnish lottery
winnings or pension plans. Lawyers can petition to have property seized, and
private collection agencies are known for aggressive tactics such as visiting
the deadbeat parents at work.