Child Support Obligations
It is important to note that a custodial parent cannot withhold parenting
time to alleviate the non-custodial parent’s obligation to pay his
or her weekly child support obligation. Upon a finding of contempt, the
court’s order must allow the non-custodial parent who failed to
pay their child support obligation to purge themselves of contempt, which
would stay the jail sentence.
After a finding of contempt, the court may also order the non-custodial
parent’s employer to withhold money for their child support arrearage.
For instance, if a non-custodial parent has no other dependents and his
or her child support arrearage is over 12 weeks, the employer may withhold
65% of the non-custodial parent’s income each pay period. If the
non-custodial parent is unemployed or self-employed, the court may order
that the non-custodial parent pay additional money each week toward the
outstanding child support arrearage.
A non-custodial parent’s failure to pay child support may result in:
- The prosecutor’s office’s involvement (civil and possibly criminally)
- Interception of the non-custodial parent’s federal and state income
tax refunds, lottery winnings, and insurance settlements
- Reporting of the non-custodial parent’s child support arrearage to
the credit bureaus
- Suspension of the non-custodial parent’s professional licenses
- Suspension of the non-custodial parent’s driver’s licenses
- Liens on the non-custodial parent’s vehicle(s)
- Garnishment of the non-custodial parent’s bank accounts
- Denial or revoking of the non-custodial parent’s passport
If the non-custodial parent has been found in contempt, the court may also
order the non-custodial parent to pay the custodial parent’s attorney fees.
If you are the custodial parent, you do not have to wait to pursue delinquent
child support payments. You may file a verified motion for contempt, which
alleges that the non-custodial parent has failed to make timely child
support payments and now has a child support arrearage. After the petition
is filed, the court should set a hearing at which you can inform the court
of the non-custodial parent’s failure to pay child support.
Contact Hains Law, LLC for Assistance in Contempt Matters
Given the sanctions associated with a contempt finding for non-payment
of child support, non-custodial parents with child support obligations
should contact a Carmel child support enforcement attorney with experience
in handling these matters. Discuss your options with our firm to protect
your income and freedoms. We can also help you if you are a custodial
parent seeking to enforce a child support order.
Contact us at
(317) 588-2883 today.