What are the Penalties for Missed Child Support?

7 potential methods family law courts can use for child support enforcement.

• 5 min read
• family law
• custody

Depending on your state’s guidelines, late or missed child support payments can lead to penalties of varying severity, regardless of whether they’re accidental or intentional. Common consequences include fines, wage garnishment, and even prison time. Learn how child support is calculated, what’s considered a missed payment, and what methods the courts may use to enforce child support.

How does child support work?

Child support is a recurring payment that’s voluntarily made or court-ordered as part of a custody agreement when parents separate or divorce. The courts consider both parents’ incomes and other factors to determine the amounts, and calculations vary by state. Generally, the non-custodial co-parent pays child support to ensure their child receives equal financial support.

Child support is typically intended to cover necessities, which can include:

• Food
• Clothing
• Housing
• Childcare costs
• School expenses
• Extracurricular costs
• Health insurance
• Medical care

Are child support amounts fixed?

Circumstances often change for co-parents and their kids, and financial situations are no exception. If certain factors impact a parent’s ability to make child support payments, they can request an adjustment to their child support order. The amount required must be changed with the courts, and each co-parent will likely need to submit a financial affidavit to help the judge determine the validity of the request.

These are some of the valid reasons co-parents seek child support adjustments:

• Increased or decreased income
• New expenses for the child
• Changes in employment or residence
• New family responsibilities for a parent
• Changes to the custody schedule

What counts as a late child support payment?

A custody agreement that includes child support will specify a specific date for payments, usually on a monthly basis. Once a co-parent misses a payment after their plan’s deadline, the court refers to these amounts as child support arrears or “arrearages.” The only exception is if co-parents include a grace period in their parenting plan to allow some flexibility, which commonly ranges from 15 to 20 days.

It’s important to note that the courts issue varying penalties based on whether payments are missed accidentally or intentionally. If a child support payment is delayed because of an administrative issue or other accident, the courts may be more lenient. If the courts determine that a co-parent is deliberately withholding payments, severe results may follow.

What penalties can be applied for past-due child support enforcement?

Under the Child Support Enforcement Act of 1984, federal and state governments can take action toward co-parents who do not make court-ordered payments. Additionally, co-parents who are owed support can file motions for enforcement. While each state’s family court system and Office of Child Support Services can take a unique approach, these are 7 potential consequences the courts can use to enforce child support.

1. Notice of delinquency

If the deadline or grace period outlined in a parenting plan passes with no payment, the courts usually start by providing a note of delinquency to the responsible co-parent. This note typically informs the co-parent of the state’s upcoming attempts to collect the arrears. A local child support agency may also get involved with the co-parents to support the court’s enforcement efforts, especially if payments are not made.

2. Fines and interest charges

Depending on the state, some courts will issue fines and charge interest on late payments alongside or after sending a notice of delinquency. For example, Maryland issues $100 fines for willfully unpaid child support, while Wisconsin’s fines can be a maximum of $10,000 if payments are over 120 days late. Interest rates for arrears can range from 0.5% to 10% annually, depending on the state where child support is owed.

3. Wage garnishment

If a co-parent continues to miss payments, the courts may order their employer to collect the arrears. Wage garnishment is a court-ordered process where a company withholds a portion of each paycheck to go toward the overdue balance. For child support, the courts can garnish up to 60% of a co-parent’s disposable income, with an additional 5% potentially added if payments are over 12 weeks late.

4. Withheld tax refunds

Co-parents who owe at least $500 in overdue child support may have their tax refund directed to their overdue balance instead of their bank account. The U.S. Treasury Department can cross-reference databases and redirect IRS refunds to cover an individual’s child support arrears through its Treasury Offset Program (TOP). Depending on the amount owed, part or all of the tax refund can be withheld.

5. License and passport issues

Depending on the amount owed, missed child support payments can lead to co-parents having their driver’s, work, or professional licenses suspended. The National Conference of State Legislatures outlines each state’s procedures for suspended licenses. International travel may also be affected, as any co-parent who owes over $2,500 in arrears could have their passport revoked or denied by the U.S. Department of State.

6. Contempt of court

A co-parent who fails to make court-ordered payments despite the court’s efforts to collect funds may be held in contempt of court. The courts will schedule and conduct a hearing for contempt charges, where the co-parent responsible for child support can explain their reasons for being unable or unwilling to pay. If a co-parent is found in violation of the order or misses the hearing, they can be issued fines or even jail time.

7. Criminal charges

In more extreme cases where child support is unpaid for a specific time or amount, the federal government created policies for states to enforce severe consequences. The Deadbeat Parents Punishment Act (DPPA) of 1998 outlines criminal violations for co-parents who continuously fail to pay child support for children in a different state and either cross state lines or attempt to flee the country to avoid making payments.

According to the U.S. Department of Justice, federal law makes it illegal for a co-parent to fail to pay child support in certain circumstances. The DPPA specifies that it’s a criminal misdemeanor if payments are at least 1 year overdue or exceed $5,000. Payments that are at least 2 years overdue or in excess of $10,000 are considered a criminal felony.

If convicted under the DPPA terms, a co-parent could face punishments that may include:

• Fines of varying amounts
• Imprisonment for 6 months to 2 years
• Mandatory restitution if convicted

TalkingParents can reduce the stress of tracking child support

Managing child support payments can be difficult at times for both the paying and receiving co-parents. It can be even more complicated if you’re a co-parent who’s waiting to receive child support or can’t make your court-ordered payments. In any situation like this, it’s best to work with a local family law attorney who can inform you of the options and potential consequences that may apply to your circumstances.

When you need help tracking child support or streamlining your work with an attorney, TalkingParents is here to support you. Our all-in-one service keeps your payments, messages, and other interactions organized in one app. With everything documented in your Unalterable Record, reviewing child support payments and other potential evidence is easier than ever, which can even help you save thousands in attorney’s fees. Combined with our parenting resources, you can lean on a strong support network of experts, tools, and helpful information.