Enforcement

State and federal governments use a variety of techniques to enforce payment of child support.

Wage deduction orders

The most common is a wage deduction order, in which a court orders an employer to sends a portion of the obligor-parent’s wages to a state agency, which then sends the money to the parent who has custody of the child.

Beginning in 1994, all new child support orders were required to provide for an automatic deduction from the obligor’s wages. The wage deduction takes effect immediately unless the parties have agreed otherwise or unless a court waives immediate deductions from wages. Even with such a waiver or agreement, the order must provide that a wage deduction will begin automatically if the person owing child support falls more than thirty days behind in payments. Wage withholding can be used to collect current support as well as past-due support

Wage deduction orders are effective in collecting support if the parent is regularly employed and does not change jobs frequently. If the parent loses a job, there is, of course no wage from which to make a deduction. If the parent changes jobs, the new employer must be served with a deduction notice before wages are withheld.

If a parent is self-employed, the parent is still obliged to send payments, but the person to whom support is due cannot look to an independent employer to make sure that payments are sent on time.

Tax Refunds

For parents who are behind in support payments, the state also can intercept federal and state tax refunds. This is a useful remedy if the obligor-parent has a sizeable refund due. If the obligor filed a joint income tax return with a new spouse, the new spouse can show the enforcement authorities the portion of the income tax refund that belongs to him or her so that the spouse’s portion of the refund will not be intercepted. In addition to seizing tax refunds, states also can place liens on property, such as real estate and automobiles to obtain past-due support.

License Revocation

Another technique to try to force payment of child support is to make the granting or renewal of certain types of licenses contingent on payment of support. If an obligor does not pay support, the obligor could lose his or her driver’s license or professional license (such as a license to practice law or medicine or work as a barber, beautician, or plumber).

Maine was one of the first states to enact legislation to make licenses (including drivers’ licenses, business licenses, and even fishing licenses) contingent upon payment of child support. Maine reported that as of 1999, it collected approximately $116 million in past-due support as a result of the program. Maine found that the threat of license revocation often was enough to induce prompt payment. Of 23,500 persons who received warning letters from the state, more than half of those persons made payments or entered into written agreements to make payments.

Proponents of making licensing contingent upon payment of child support like the comparative simplicity of the approach. Revocation (or threats of revocation) of licenses can be handled administratively. In some states, such as Maine, court hearings are not necessary as they are with some other remedies, such as actions for contempt of court.

Opponents of programs to revoke drivers’ licenses or professional licenses because of failure to pay support are concerned that the system may not adequately take into account the hardship to an obligor who has lost a job or lost income and cannot afford to pay. If an obligor’s driver’s license or professional license is revoked, the obligor’s ability to pay may be harmed further.

Contempt of Court

Another penalty that states may impose on parents who have not paid support is a finding of contempt of court. A finding of contempt of court means that the person charged with contempt has willfully not done something that he or she has been ordered to do by the court--in this case, to pay child support. A finding of contempt of court can result in a fine, a jail term, or both. If the parent cannot pay support for a good reason, such as loss of a job without fault of the parent, a court will not find the parent in contempt, but the obligation to pay support continues.