A back child support simply refers to the unpaid financial support that was not given or missed in the past months or years. For example, a noncustodial parent may have been given a legal obligation to provide a child support payment every month to cover the basic and everyday needs of the child. Most of the time, the child support is ordered by the court, making sure that the parent does his or her obligations.
Technically, those parents who have not been consistent in giving the child support are described to be “in arrears”. If the noncustodial parent fails to give the child support issued by the court, then the missed payments can increase over time and can be collected through a legal process. And based on the policies stated in the federal and state laws, the courts have the power to punish the parents who have failed to follow the court order. In this case, can I sue for back child support?
The Right to Sue for a Back Child Support
Before the custodial parent files a back child support case, he or she must have already filed a child support beforehand. When the court has finally issued a permanent child support order, then the parent, who takes care of the child, has every right in suing for child support while claiming all the missed money with interest.
In most cases, the party demanding for the back child support has to file a formal request with a family law court. After submitting the request, the judge will have to review the case or the facts of the current situation, and then determine whether or not a back child support should be given, as well as know how much would the support cost. Here are the factors in calculating the back child support:
– the child’s birthdate
– the date when the parents separated or divorced, if applicable
– the employment status of the parents
– the reasons behind the delinquencies of the noncustodial parent
Punishments for Non-Compliance of Back Child Support
Apparently, the courts take the the cases on suing for child support very seriously and will enforce a strict judgment against the noncustodial parent if he or she does not comply with the child support. Here are the potential punishments imposed on the parents who are in arrears:
Issuance of Contempt Order. This is given for disobeying or disrespecting the authority of the court, which is the child support.
Unable to Process a Passport. If the back child support needs to pay more than $2,500, then the parent who does not hold custody of the child will not be qualified to process or get a passport.
Imprisonment. This is given when the non-custodial parent does not comply with the court order and has not done anything to compensate for the back child support.
Garnishing of Wages. It means the government is capable of garnishing the parent’s wages to pay for the back child support.
Suspension or Invalidity of Licenses. The government has the authority to invalidate or suspend the licenses of the parents if he or she has failed to cover the financial support of their child.
Seizure of Properties. In order to help in compensating for the debt, the court or the government can seize the parent’s properties.
Legally Taking Out of Tax Refunds. If the back child support has been missed several times, then the government may seize the parent’s tax refund.
Do I Need a Lawyer or not?
Can I sue for back child support easily? To make sure that your child gets the needed back child support, you can always hire the services of a family lawyer. Your lawyer is going to be your legal adviser, providing you with legal options on what to do in such situations. He or she will also represent you whenever there are formal court proceedings to be done.