How Back Child Support Works – Paying or Collecting

Miranda Marquit

child support check Often, in the case of divorce, one parent pays child support to the other parent, in order to help with the costs of raising a child. The United States, along with many other countries, insists that children have a right to receive financial support from their parents. As such, the non-custodial parent does his or her duty toward providing financial support for the child by paying child support money to the custodial parent. Joint custody cases involve two custodial parents, but one must still pay child support to the other.

Courts determine child support as part of the divorce proceedings, and they follow state guidelines. This means that the law requires the obligor, the person paying the child support, to make child support payments to the obligee, the person receiving the child support. When the obligor does not make proper payment, he or she is considered to be in arrears. The money is considered a debt, and must be repaid. This is known as paying back child support.

Who Pays Back Child Support?

Anyone who has not made child support payments as ordered must pay back child support. The repayment of this debt might include fees and interest charges, in addition to the back child support. For the most part, states handle back child support, although the federal government can become involved if the obligor is at least two years behind in payments. Parents who owe back child support must pay the debt in full, even if the child is beyond the age of majority.

What Happens If Back Child Support Is Not Paid?

The United States government requires that parents provide for the support of their children. As a result, an obligor who does not meet his or her child support obligations can face serious consequences. Penalties for not paying back child support vary from state to state, and the federal government may become involved.

Some of the penalties imposed by state or federal governments include:

Suspension of Licenses. The government may suspend your driver’s license or professional license. The government can also suspend hunting and fishing licenses if you owe back child support.
Denial of Passport. If you owe $2,500 or more in back child support, you may not be eligible to apply for a passport or to use your passport.
Wage Garnishment. The government may garnish your wages in order to pay your child support debt.
Seizure of Tax Refund. The government may seize your tax refund if you owe back child support.
Property Seizure. In some cases, an obligor might find his or her property seized to help pay the debt.
Jail Time. If you have not made arrangements to try and pay back child support, or if you are found criminally non-compliant, you may serve time in jail.
Cross-Border Enforcement. Some people try to flee the U.S. in order to avoid paying back child support. Many countries cooperate with child support enforcement agencies to ensure parents pay child support. More than 100 countries have reciprocal child support arrangements for cross-border enforcement.

What to Do If You Owe Back Child Support

As with so many issues dealing with family law and child support options, the legal strategies for handling back child support vary depending on the state of residence. If you have suffered a change in financial circumstances and have trouble with child support obligations, go to the court and explain your situation. In many cases, courts can adjust child support payments, or allow you to stop paying them for a period of time. Just ignoring the problem, and allowing back child support to accrue, can cause more issues later.

If you do have back child support payments to make, you have some options. Begin by finding a lawyer that specializes in family law. Do what you can to show that you want to meet the obligation, and the court may help you find a reasonable solution. Some avenues to pursue include:

Re-determining Back Child Support. Correct any errors in the amounts owed for back child support. If you can document your child support payments, and show that the court has requested the wrong amount, you can ask to have the amount recalculated.
Equitable Forgiveness. If your child lived with you for a period of time during the time you should have paid child support, the court may take this into account and forgive a portion of your back child support debt.
Suspension of Interest. You might have your interest requirements waived, as long as you can submit to a plan to pay off your back child support in a specified period of time. Realize that filing for bankruptcy won’t relieve you of your obligation to pay the back child support that you owe. The courts do not reduce back child support if you file for bankruptcy.
Reasonable Payment Schedule. Even if you can’t get your interest charges waived, you can still petition for a new payment schedule. If you have trouble making ends meet, and you show a desire to fulfill your back child support obligation, the court might set a new payment schedule that you can afford.
Settlement with Your Ex. In some cases, your ex might waive some of what you owe in back child support, reducing what you need to pay. Often this includes the payment of a lump sum to settle the debt you owe. You must organize these negotiations through the court, and the court needs to approve any settlement.
Loan to Pay Off the Back Child Support Debt. In some states, you must pay a hefty interest rate for back child support debt. If you can’t get the interest waived, consider getting a low-interest loan to pay your back child support.

What to Do If You Are Owed Back Child Support

If your ex hasn’t paid child support, you can turn to your lawyer, go to your local district attorney, or contact your State Attorney’s office. You should not try to take matters into your own hands, however. Even if you plan to negotiate and accept a smaller amount, go through the proper legal channels.

In some states, you can receive back child support from the state. The state then pursues getting the debt repaid. This allows you to continue to provide for your child, without worrying about whether or not you will receive the back child support you are owed. Check with your state’s laws and policies to find out if this solution might apply to you.

Final Word

If you owe back child support, you should fulfill your obligation as soon as you can. If you are in arrears, you can lose your license, your passport, and even wind up in jail. If you show the court that you want to pay your debt, the court may be able to make affordable payment arrangements. Make sure to communicate with all of the parties involved in your child support agreement, and respond quickly to any official documents related to your back child support.

Have you experienced issues with back child support?

(photo credit: Shutterstock)

Categories: Family & Home, Kids, Marriage, Money Management

Miranda Marquit
Miranda Marquit is a freelance writer and professional blogger specializing in personal finance. She writes for several web sites, and her work has appeared in numerous online and offline publications. You can find Miranda's personal finance blog at AllBusiness.com.

Learn more About Money Crashers - including co-founders Andrew Schrage and Gyutae Park.

Comments

Minimum Wage

The arrearage is intercepted when it reaches a certain amount, which I think is around $2,000.
burgundydurango

I believe it also matters if the state is involved in the support enforcement. If the two parties have a private agreement then there may be some extra work to get them involved. I’m not sure about the $2000 arrears amount but that doesn’t sound inaccurate to me. I do know that if the state is involved and it has been established that back support is owed, then the state can take tax returns, garnish a percentage of wages, etc until the debt is satisfied.
TiNKRBeLL

In Texas the office of the Attorney General automatically flags the Non-Custodial parents SS# once they are $500 in arrears, or $150 in arrears if there was any public assistance. Every state has their own guidelines so your best bet is to contact your state’s enforcement agency!!
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http://www.donnafreedman.com Donna Freedman

Up in Alaska they’ll garnish your Permanent Fund Dividend check. This year, due to a clerical error, the state mistakenly sent out a bunch of checks to people who were supposed to have had them garnished. Oops.
A close relative sometimes had trouble collecting her support. It was $50 a month — pitiful even by the standards of the day, back in 1973. When she asked someone at the court about applying to have it raised, she was told she was lucky to get it at all and she shouldn’t rock the boat.
Like I said: pitiful.
Support_Overpayment

No one ever addreses the issue of overpayment of child support by the non-custodial parent. When the non-custodial parent has verifiable records that overpayments were made to the custodial parent the enforcement agencies and the courts refuse to address this issue.
http://carefulcents.com Carrie Smith

This is a really informational article, and I am going to forward it to my sister. Her new husband has back child support issues and we have been searching for articles on the topic. Thanks for sharing, this has helped me understand a lot more about the situation.
http://carefulcents.com Carrie Smith

This is a really informational article, and I am going to forward it to my sister. Her new husband has back child support issues and we have been searching for articles on the topic. Thanks for sharing, this has helped me understand a lot more about the situation.
Carman Selman

I have been divorced for almost 4 years. when I left the court told me I had to pay child support up until my youngest daughter graduated, plus on top of that my share of her schooling expenses after that, I have No problem with any of this. The amount only totalled around $10,000
between. I was also nailed with paying my ex $1700 a mth. but before that the judge only awarded her $750 a mth. And then a year later they did a reassesment on the support and increased it to $1700. Retroactive from the original starting date. So this made a bulk amount between the Spousal support and Child of close to $20,000. Needless to say the courts or FRO garnished 50% of my wages. What I would like to know since the bulk of my arreers are spousal support, For tax purposes what gets paid first out of the arreers, The FRO cannot distinguish between the two. I would think child support would take priority and be paid first. But even now 3 years after the final court order my ex is still claiming child support on her taxes. I have given her well over $50,000 and my daughter has received nothing from her mother for her schooling. Which is what my child support payments were supposed to go to..
If anybody has any idea what I can do or know where I can call to find out more answers, PLEASE LET ME KNOW,,, either comment on here or send me an email,,, [email protected]
Thank-you
Carman
- Heatherbug265
  
  You have to pay what the court says to pay. If you don’t agree then you can appeal. The money that you pay goes to the mother of the child and it is hers to do what she wishes. It’s her money!! If she was court ordered to pay half of the child’s schooling, then she must pay for half of it. If she recieved money from you SPECIFICALLY for schooling then She would have to pay for all of the child’s schooling. If the “schooling support” is just part of the regular support payments and does not specify on the court order that the money go to your daughter’s schooling then she doesn’t have to pay a dime for your daughter to go to school and she can keep the money that you paid for support and do whatever she wants with it, even if what she wants is to take her new boyfriend to the Bahamas. It doesn’t matter!!
  I am not sure what you mean by “what gets paid first out of arrears”. Does it really matter? All of the money is your ex-wife’s money. ALL OF IT!! Even the portion that is child support.
  It seems like you just hate paying anything to your ex and you are just bitter. I can understand that if she cheated on you or something, but you still have to pay!! Good Luck!
  - Jnick2113
    
    Bitter? Pot calling the kettle black?!?!?!
Robert

I have a tenant that lives in my building who is unemployed and has not paid child support for years. His ex wife has served him with court papers and looks like he may go to jail soon as a result of non payment. He believes that going to jail will forgive his debt and when he is released he will have no more child support problems. Is this even partial true?
Thanks for the Help
Robert
- Heatherbug265
  
  F no!! He’s a big loser!! Even if he flees the country he is responsible and other countries will send him back to US to pay it!! Go to jail…still pay!! Die, k then can get out of it, but any back child support will be deducted from inheritence FIRST!!
http://profile.yahoo.com/EHGVJNW6QKUHGPCDJMUCZWQREQ Noraida

I live in Dallas, tx and my ex lived in Chicago Ill and child support paperwork started at one point but never resolved. My ex-moved to Florida and never paid child support. My son is now 26 what can I do?
http://profile.yahoo.com/SRSOPI4CJCI74RLHQHVFHSRLAA Deanna Black

My ex owes me well over $60,000.00 in back child support. I have done the Child Support through the county and yet he is free and My children have received nothing from him in over 8 years and still there is nothing I can do…..
- Dd
  
  Go to the government building and apply for food stamps, in the application it will ask you to check a box if you need help receiving child support. The state pays you, then he will owe the state.. and nobody wants that.
- CK
  
  Unfortunately Dd is right…sometimes the states won’t help you but if they’re paying money out to you, you better believe they will go after him then! Mine owes me $20,000 and nothing is being done about that either. I have worked 70 hours a week to support my kids and the state won’t do anything because I don’t qualify for state aid because I have chosen to work instead.
[email protected]

child support was accepted in San Diego California however they could not find the mother so they suspended support and send me back the money paid. 13 years later the mom wants back pay in another state.
- Heatherbug265
  
  So pay her!!
  - Pmcnelis67
    
    Heatherbug265 why don’t become a Family Law Attorney because obviously you are so good at giving legal advice. NOT !
shell

my ex-husband we have been divorced 9 years. and i went to the court in my county. and he was ordered to pay and never did and the court never enforced it. my child is 20 years old now. i worked 3 jobs to raise him. is there anything i can do to make him back-up and pay me. for the years he never paid. which he gave me 150.00 in 18 years. any suggestions
- Kdjir
  
  You’re just now worrying about this? If you didn’t need it bad enough to pursue it at that time, then you really don’t need it now either. Greedy bitch.
  - CK
    
    You are an ass…just because it didn’t get paid to her before the child turned 18 doesn’t mean she isn’t still owed this money!
Sully

Hi is there anyone who can help me? I’m 25 and my father hasn’t paid in years and I was wondering if I could collect it since he never legally did what he should have done. I know a few checks had came randomly after my mother had passed and the were in her name. So I looked in to see what had to be done and I was told they couldn’t be cashed they would go to the property of the recently deceased. I should have looked into this sooner. Any help?
- angelrose
  
  From my understanding you can not go after him. Your mother raised you 100% so the money is owed to her no you.
  - Heatherbug265
    
    Her mother is dead. She gets the support. Sully, call your local Child Services Department in your county and set it up.
- Kd
  
  wow you’re a greedy little bitch.
  - Heatherbug265
    
    What?? How can you call a child who never recieved support from her father greedy??? He is the greedy one for not paying his support! They have a name for people like that!! Deadbeat Dad!! She is owed that money! Just because her mother is deceased doesn’t mean that the father is not obligated to pay his back child support!! YOU ARE NUTS!!
Cuba Hopson

Hello I was afraid to pursue the back child support so I told the states attorney to forget pursuing it on record.Does anyone know if I can retract the statement and continue pursuing for back pay
Kewana247

Question can you be ordered to pay back child support if it wasnt ordered to being with?
sss

Question- I am owed approximately 86000.00 in back child support. Obviously support was not paid at all for many years. He always managed to work under the table jobs. He finally returned to his country (Germany) and appartently had to get a real job because for the past two years I have been recieving regular although minimal payments. My daughter is now 19 years old so he doesn’t have support charges any more but he is still having the mininal errerage payment being taken from his paychekcks monthly. What I was wondering is how do I go about getting the debt paid off more quickly than at the rate of 200.00 a month. I will be dead before it is ever paid and now is when I really need it. I still support the child and it is her medical bills and what not that have gotten me so far in the hole. I would even be willing to settle for only half the money if I could just have it now and in one lump some. Suggestions?
Ascitech

I am a guy, a good guy, actually… I was severely injured in a car accident subsequently followed by a work injury ending me nowhere! I have not worked since 2003 and am homeless.. Have been homeless; I met a woman, who is a good friend now believe it or not, no b.s. just true, sincere stuff here! She has actually helped me see what has been entitled to me and how it’s up to me to set things straight.

I hate dealing with situations and they have gotten the better of me, my mother just passed away and without any knowledge my complete bank account was robbed of ALL of my inheritance!!! NOW this is about the bottom, I actually had the child support debt included with my workman’s comp settlement, and I guess because I did not formally have it documented accurately somehow, I was accused of still owing and the interest and arrears were rising…

This is absurd. I am not a bad guy.. Your thoughts?
EDDIE

QUESTION….SO I OWE BACK CHILD SUPPORT AND I JUST GOT MY CASE MODIFIY IN DEC 2012 AND IT SAID I WOULD START PAYING $105.00 STARTING THE 1ST DAY OF DEC. 2012 AND ON THEREAFTER BUT CHILD SUPPORT IS STILL TAKEING 50% OF MY WAGERS EVEN TILL THIS DAY…. WHAT SHOULD I DO????? OH AND I ONLY OWE $3,455 IN BACK PAY…..
Mrs. Wilson

My husband found out in June 2012 that he is the father of a 2 yr old boy. Now he is slapped with 12000 back pay and wage garnishment for current and back support. We were expecting his refund to be offset, but he received it anyway. Would he get in trouble if he kept it since they sent it to him? Thanks!
Mike Watkins

wow….heatherbug, you must be one of those wonderful mothers who’s only job is to go to the mailbox every month to get that check! Ive seen a lot of you around the ghetto….
julie

My is Julie, me and my husband get married over couple of years now and we were living fine with no distraction and my husband loves me so much until one day when i saw a girl who work in the same office with my husband came home and check on him at first i thought they have nothing to do with each other and she asked if my husband was at home i told her that my husband went out a couple of minutes ago, so she left that day…. so later on when my husband came back so i tried to make him happy because he told me that he is very tired and he said he wont be able to catch fun with me so from there i begin to notice that my husband is having an affair with another woman so i thought of it and a friend was trying to console me… so i stood over my friends advice so one day as i came back from the supermarket i heard a female voice crying and shouting so i tried to check who was it, to my suprise i found out that it was the same girl that came looking for him, when i caught them doing all this my husband quickly drove me out and never let me in… so i was very worried and i was confused, i had nothing to do.. later, on the third day he came to my moms house and told her that he don’t loves me and he is going to be divorcing me in some couples of days so i cried and a friend came to me and said that i should not look at this problem and think that it is over, she said i should fight back….. so later i went on a search on the internet on how to get my husband back so i look over and i saw someone testifying about dr Osabo at first i thought he wont be able to get him backuntil when i found out that magic really, is real, so he helped me get my husband back to me and now my husband bought me a car to show me that he will never do such again….. so if you have this same problem and you think is too big for you to handle just contact him tell him that it was Julie who refer you to him he will help you get your problem solved ok… and incase you do need his contact email just email him now at [email protected] he will help you get your problem solved within a blink of an eye……
fenwayfan1

Paid off back child support 2 weeks ago will the IRS take my tax refund again?Mass.
I live in my Mass. and I just recently paid off my back child support (arrears)about a week ago. I haven’t filed my taxes yet wasn’t sure if there is a wait period. I would hate to pay it twice. Will they take my refund again this year? How long should I wait before I file my tax returns? Thank you in advance!
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My father recently passed and I know he owes his second x wife back child support. I heard that any inheritance goes to her first. But… we need to pay for the funeral. My question is: If she knows he is now deceased, how easy is it for her to get her hands on the money? (she lives in another state)
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http://www.facebook.com/sandra.egbertcser Sandra Egbert-Cser

My x husband owed me over 70,000.00 in back child support. I was granted this by the courts and have been receiving $1040.00 every month since. The monies are funneled through the child support services in Butte County Ca. to my checking account. I am still owed $50,000.00. Yesterday I received no notification from mail or phone, but noticed the monthly payment was not put in my banking account, like it usually is. I called the department of child support services and they said that I will not be receiving any payments for the next 11 months, that they will be keeping the money to pay back assistance that I used many years ago, when I was a single parent of 5 with no help except the assistance and my full time job. My question is can they do that , with no notification and why wait until now after all these years?…
- uneedtogrowup
  
  Haha you sound horrible for collecting after your child has grown up. Be a real part and find your own way. It’s lazy to expect the baby day to pay for you for life. If you want that you should have Been a better house wife and not moocher
  - someonesgrumpy
    
    never did she say that her children are over 18. she just said many years ago used assistance. maybe in her time frame many years is only 5 years. besides, at $1,000 a month and $70,000 in debt that’s about 5 1/2 years worth of back child support. he’s paying $1,000/month because he obviously has a VERY good job and that’s what they are making him pay. besides, if they kids are over 18 or about to be, she can also use that money to pay for her 5 children’s college! that’s a lot of money! $70,000 won’t even make a dent in college for 5 kids. Maybe you shouldn’t be so quick to judge others.
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