The divorce rate in the US is 2.3 per 1,000 people. In 2021, parents spent $30.6 billion on child support payments, according to the US Census Bureau. Child support is a legal obligation for parents to financially provide for their children. When a parent fails to pay the court-ordered amount of child support, there can be serious repercussions. Here's an overview of what may happen if you can't pay child support.
Get Legal Help
If you are struggling to make child support payments, the first thing to do is to get legal help from a child support lawyer right away. A family attorney can help negotiate alternative arrangements, such as modifying your child support order. You have options besides facing severe enforcement consequences, but you need to be proactive.
Working cooperatively with the courts and custodial parent can prevent punitive measures while ensuring your children still get the support they need.
Contempt of Court
30% of parents don’t pay child support, with only 46% of parents getting all the money they are entitled to. If you are ordered by the court to pay child support and fail to do so, you could be held in contempt of court. The custodial parent can file a motion for contempt, and the court will order you to appear to explain why you haven't paid.
If the court finds you had the ability to pay but chose not to, you may be held in contempt. This can result in fines or jail time until you comply with the order. The court may give you an opportunity to avoid jail by meeting payment obligations.
Loss of Licenses
Many states have laws that allow the suspension of licenses for failure to pay child support. This includes driver's licenses, business licenses, hunting and fishing licenses. Having your license suspended makes it more difficult to work and pay support.
If you need a license for your livelihood, getting it suspended can threaten your ability to provide for your family. However, it also acts as an incentive to comply with child support orders. In most cases, your license can be reinstated once you start making regular payments.
Wage Garnishment
If you fall significantly behind on child support, the court can order wage garnishment. This means a percentage of your paycheck will be taken out and sent directly to the child support payment processing center.
The amount garnished is limited by federal law but may leave you with fewer take-home wages. Wage garnishment often continues until past due support is paid off. Quitting your job to avoid garnishment will lead to additional legal consequences.
Federal Tax Refund Offset
The government can intercept your federal income tax refund and lottery winnings if you are in arrears on child support. The money will be sent to the custodial parent instead of being refunded to you. The federal tax offset program collects billions of dollars in unpaid support each year.
Property Liens
In some cases, a child support judgment can result in liens being placed against your property. This prevents you from selling or transferring the property until back child support is paid. Property liens can continue accruing interest until the debt is settled.
Jail Time
As a last resort after other enforcement methods fail, courts may use jail time of up to one year in length per case of contempt. The judge retains discretion on sentencing and will look at your ability to pay before ordering jail time. Serving jail time does not relieve your underlying obligation to pay child support.
