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What Happens if Back Child Support is Not Paid?

Divorce is unfortunately common in America, leaving a lot of men and women with the responsibility of paying child support to their exes. It is an understandable law that ensures the welfare of children whose parents separate. Not all men and women pay back child support, but not without consequence. The state of Utah has laws in place to enforce child support payments, so no divorced parent should struggle to provide for his or her family.

Feel free to contact The Law Office of David Pedrazas in Salt Lake City, Utah today by calling 801-263-7078 to schedule a free consultation, or fill out our contact form.

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What is Back Child Support?

Unpaid and missed child support payments are considered back child support. If back child support continues to go unpaid, it adds up and will then be subject to legal action being taken to collect the back child support. Child support is money the non-custodial parent is supposed to pay the primary caregiver, also known as the custodial parent until the child turns 18 years of age, the child is active duty military, or if the court declares the child emancipated. Child support is meant to cover the basic needs of a child, including but not limited to, shelter, medical care, and food. Child support may also be used to pay for bills such as rent or a mortgage on a home, utilities, educational costs, telephone bills, and anything else that the child was accustomed to during the marriage of his/her parents. Paying child support is a financial obligation to help support the welfare of the child, and when not paid, it doesn’t go without consequences.

What Are the Consequences of Not Paying Back Child Support?

If the legally responsible parent fails to make the required child support payment, whether due to stubbornness, irresponsibility, or inability to pay, he or she will most likely need to appear back in court on a motion to enforce a domestic order. At that time, he or she will be required to provide a defense for lack of payment.

If the court does not find an inability to pay, the offending parent will most likely be ruled in contempt of court, with additional fines levied on top of the original ordered child support. This might include additional legal fees and even jail time until the parent complies with the legal child support order.

How Are the Consequences of Not Paying Back Child Support Enforced?

Gavel - Court Ordered Child Support Not Being Paid in Utah - DP Law Offices of David Pedrazas, PLLC In addition to these legal ramifications, Utah also has a state division of child support enforcement who diligently works with the courts and other states to receive the court-ordered child support. Their efforts may take many forms:

  • levies on bank accounts,
  • liens on personal property and vehicles,
  • negative reporting to credit bureaus,
  • revoking driver’s licenses,
  • intercepting federal and state tax returns,
  • garnishing paychecks,
  • revoking professional and work licenses,
  • suspending or revoking passports,
  • and the redirecting any awarded monies due.

The only way the court can enforce back child support is if the child support to be paid is formally established and written by the court.

Are You Behind on Your Child Support Payments?

If so, you’re far from alone. The U.S. Office of Child Support Enforcement (OCSE) estimates approximately $10 billion of child support payments due that have yet to be collected. It’s not an elite group in which to be included, and it’s not one you want to frequent. This is why it’s vital to partner with an attorney, such as the Law Office of David Pedrazas, whether you owe back child support Utah, or you’re trying to collect it.

What If I’m Financially Unable to Make My Back Child Support Payments?

Solutions are available for non-custodial parents who are unable to meet >child support payments due to financial hardship. But, they’re only available if you reach out. Common ways of resolving back child support obligations include:

  • Petitioning the court for a new, more convenient, payment schedule.
  • Requesting a settlement with the custodial parent for partial forgiveness of the amount due.
  • Requesting a temporary suspension on the accrued interest due.
  • Requesting equitable forgiveness for periods of time when your child resided with you.
  • Requesting a re-determination if you feel the amount owed is incorrect.
  • Taking out a personal loan to pay the amount past due.

All of these options must be run through the family court system and approved before they can take place. Anyone of these will, however, help prevent the court from taking legal action against you.

What Happens If I Can’t Pay my Back Child Support?

In Utah, not paying back child support isn’t really an option. The American government requires parents to support their children financially. If you’re having trouble meeting your obligations, you must contact the court for help. If you can’t pay, and you don’t notify the family court, actions will be taken again you. These could include revoking your work or driver’s license, garnishing your wages, seizing your annual tax return, or even sentencing you to jail time. If you can’t pay your back child support, it’s vital to seek legal assistance such as that offered by the Law Office of David Pedrazas.

How Do I Collect Back Child Support?

It can be difficult to know what to do if you are owed back child support, but the Law Office of David Pedrazas can advise you on how to collect. You may want to begin at the Office of Recovery Services (ORS) in Utah to help you collect back child support.

The ORS helps custodial parents collect back child support and medical support from errant spouses. They can investigate paternity, locate fleeing parents, and modify and enforce court-ordered child support payments. If this fails, the Law Office of David Pedrazas can file a motion for contempt on your behalf. This will bring the non-custodial parent back into the courtroom to resolve the situation.

How to Get Paid Child Support?

Struggling with unpaid back child support Utah can make life for you and your children much more difficult. Stop struggling and Call attorney David Pedrazas to take on your case and help you collect back child support today. We’ll show you what to do if you are owed back child support, and we’ll stay with you every step of the way until your case is resolved.

Family Law Attorney David Pedrazas in Salt Lake City Utah Can Help

Are you needing help with receiving back child support? Utah has laws in place to protect the welfare of children in the event of their parent’s divorce, and they have the means to enforce such laws. At the Law Office of David Pedrazas PLLC, we can help you petition to have the court get involved in helping you obtain back child support. Rest assured, you are entitled to and will eventually receive your due child support with the right team on your side. It is always worth it to invest in legal help in such matters. David Pedrazas is a family law attorney with over 20 years of experience helping people through situations similar to yours.We would love to help you get on the path to getting the child support you and your child(dren) deserve as soon as possible. 

 

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