Charlotte Divorce Lawyer Blog
What Happens if a Parent Fails to Pay Child Support?
Children are born to two parents. Regardless of whether parents stay together or split up, they must provide for their kids. In North Carolina, both parents are supposed to ensure that they pay for the basic needs of their children. Often, the children live primarily with one parent while the other parent has regular visitation. The non-custodial parent generally pays child support. Many people wonder what happens if a parent fails to pay child support.
Court-Ordered Child Support
Parents are obligated by court order to pay child support. Although you may make an agreement with the child’s parent, you should formalize payments through family court. If you are divorcing, child support will be calculated and included along with a divorce order. Unmarried parents should also seek child support through family court after first establishing paternity. Once in place, child support may only be modified through the court. Support remains in place until the child reaches age 18 or graduates from high school, unless other arrangements are established.
Failure to Pay Child Support
There are consequences for the failure to pay court-ordered child support. If found in contempt of a court order, you could face a variety of penalties, including financial, criminal, and more. Potential financial penalties may include wage garnishment, asset seizure, tax refund seizure, and property liens. North Carolina law states that the willful failure or neglect to pay is a Class 2 misdemeanor for the first offense, with a punishment of up to 30 days in jail. Civil contempt is another possibility, in which the judge could order you to serve a jail sentence until a specific amount is paid.
In addition, you could face other penalties for the failure to pay support. If you fall more than 90 days behind in child support, you could face the suspension of your driver’s license. You will also be subject to the forfeiture of professional licenses. When the amount due exceeds $2,500, the state will report the delinquency to the federal government, and your passport may be revoked. Also, the delinquency will be reported to the credit bureaus and will negatively impact your credit score.
What to Do if a Parent Fails to Pay Child Support
A parent who fails to pay court-ordered child support is in contempt of court. That simply means that they are in violation of a court order. Parents cannot take matters into their own hands. While it may be tempting to withhold visitation, this is not a legal option. Instead, you should report the delinquency or file a legal motion with the court. This will begin the legal process to resolve the matter. If the parent is behind in payments, the court may provide for a payment plan that allows the parent to get caught up. If you are a parent who is having trouble making child support payments, you should contact the court to make arrangements or request a modification to prevent you from facing legal consequences. Keep in mind that modifications are limited to situations that are considered a substantial change in circumstances.
If a parent becomes delinquent in child support payments, it can make life difficult for the youngster. When child support is an issue, an experienced family law attorney can help resolve the matter. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-322.html
https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.12.html
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