Stay up-to-date with how the law affects your life, Name New York Consolidated Laws FCT § 458-b. © 1998-2020 Kessler & Solomiany LLC. Paying interest and penalty on late child support payments. It's tough being a divorced or otherwise single parent, not only because of the extra time commitment but also because of the sheer cost of raising a child. All rights reserved. Wage garnishment: If a parent does not pay their court-ordered child support, then it is legal to garnish wages from their paycheck. Kids generally do not benefit if a parent is in jail or dealing with mounting penalties that make it impossible to pay down child support. Child support is meant to help a custodial parent cover the expenses of raising a child, which can add up quickly. (See 18 U.S.C. If child support payments fall behind, the order may be temporarily increased by up to 50% above the court-ordered amount, until the arrears are paid off. Enforcing Payment of Health Insurance Coverage. In these cases, a parent’s financial circumstances and the welfare of the child all come into play. Firefox, or Failing to pay court-mandated child support can result in numerous serious penalties. The Deadbeat Parents Punishment Act is only one of many avenues that can help force a parent who is not paying child support to pay. In the case of indirect contempt for the failure to comply with an order for child support, child support arrears, or other support, punishment shall be, at the discretion of the court: a.incarceration in the county jail not exceeding six (6) months, or At Kessler & Solomiany, LLC, our lawyers will work diligently to address your concerns and help arrive at a solution. Tax Referrals - Name of delinquent noncustodial parent is sent to the New York State Dept. If you are struggling to make your payments, it is important to try to avoid these penalties if possible. In addition to such a decision potentially harming your child, one parent violating a court order does not justify the other parent violating a different one. Interest and penalty are charged on the total amount of past-due support owed on the last day of the month in each case where you owe more than $500, unless you have made the required minimum monthly payment. Credit Bureau Submission - Name of delinquent noncustodial parent is sent to consumer credit reporting agencies such as Experian, hurting their creditworthiness until overdue support is paid. Contact Kessler & Solomiany, LLC today at (404) 688-8810, and one of our experienced child support attorneys will speak with you about your case. A lawyer can help guide you through this process. Procedures for Collecting Overdue (Delinquent) Support. If your ex-spouse has stopped making child support payments you need, you can take steps to get your payments enforced. A lawyer can review your options with you, and help you decide if going back to court to seek a change is a good idea. Legal guidance for a parent in child support “arrears” (past-due payments). Visit our professional site », Created by FindLaw's team of legal writers and editors This includes any support that was due that month but you didn’t pay. There could be a job loss or salary reduction. If the court orders the noncustodial parent to provide health insurance coverage for their child(ren), a National Medical Support Notice is sent to their employer requiring them to obtain the necessary coverage (payable by the employee). Microsoft Edge. If the noncustodial parent is late or past due with their payments, they will receive a notice explaining collection procedures, with a deadline for payment. You are the custodial parent and are not receiving the child support payments that the other parent is required by law to pay. Georgia carries steep penalties for parents who refuse to pay legally-mandated child support.