Collecting Past-Due Child Support

The following is a checklist of techniques for collection of past-due child support can be collected through the following methods:

Wage withholding orders. Wage withholding orders are entered by a court and served on the employer of the parent who owes support. The employer sends payments to the government, which then sends support payments to the parent to whom support is owed.

Refund intercepts. The government sends a notice to the Internal Revenue Service or the state department of revenue, directing that the obligor’s tax refund be sent to the government for payment of support.

Liens on property. A lien can be placed on the real estate, automobile, or other property of the obligor. If support is not paid, the property can be confiscated and sold. Alternatively, the lien may stay on the property until it is sold by the obligor, at which point, the debt must be paid before the obligor receives any proceeds from the sale.

Contempt of court. The person to whom support is due or the government can ask a court to hold the obligor in contempt of court for willful failure to pay support. If found guilty of contempt of court, the obligor can be jailed, fined, or both.

Collection agencies. Some collection agencies are willing to help collect past-due support, just as they collect past-due commercial debts. Collection agencies usually charge a portion of the amount collected.

Revocation of licenses. States will revoke the driver’s license or professional licenses of persons who have not paid child support.

Establishing a trust. If it appears likely that an obligor will not make future child support payments, but the obligor has assets from which support could be paid, in some states a court can order the obligor to establish a trust for the benefit of the child, thus insuring that funds are available to pay support.