The purpose of child support is to ensure a child receives financial support from both their parents. It also ensures that each parent has equal financial responsibility for their child, which they would have had if they had not separated. Child support a child’s right. If you are not receiving the support payments you need to care for your child, a Springfield child support enforcement attorney can help you take the right steps to secure that support.
Following Child Support Orders in Missouri
Court orders are enforceable orders that parents must follow, whether the order is for child custody or child support. Failing to uphold the court order can lead to actions by governmental agencies or the court itself. If your court order requires you to pay child support and you fail to do so, you may face administrative and civil consequences, as well as potentially criminal consequences.
Support payments are calculated in a way that is meant to provide for a child without placing either parent in financial hardship. If one parent stops paying their support, the other parent is suddenly fully responsible for all of a child’s expenses. This can be a very financially destabilizing situation.
If you are a parent responsible for child support and you cannot afford your payments, you need to take action to modify or appeal the order. Do not wait to act and refuse to pay, as this may result in severe consequences and can hurt your family.
What Agencies Enforce Child Support Orders in Springfield?
Child support orders are typically created in a divorce, separation, or paternity case. The family court or the Missouri Family Support Division (FSD) of Child Support Enforcement may create the support orders. Whether the FSD or the family court created your support orders will affect your options for enforcement.
Court-ordered child support can be modified or enforced by the court. FSD-created support orders can be modified or enforced by the FSD or by the court. The FSD can also manage out-of-state support orders against a Missouri resident.
FSD payments are made and tracked through an automated system, so the FSD typically notes nonpayments. The court could order payments to be made through the FSD, another agency, or directly. If you are a parent receiving payments directly, you must take action to enforce the orders.
Options for Enforcing Support Orders
The first thing you should do when your co-parent does not provide support payments is talk to them about the situation. There may be options for resolving the issue personally, without the FSD or the court. If you have made this attempt and your co-parent does not want to discuss the situation or has continued to fail to make payments, you should take action. Your attorney can help you navigate these steps.
Depending on whether you work with the court or the FSD and depending on the severity of the nonpayment, enforcement could take many different forms. This includes:
- Income withholdings, where the non-paying parent’s employer is required to withhold a specific amount from their paycheck and send it directly to the other parent. The parent’s wages can be withheld to pay any back support and current support payments. Unemployment benefits and workers’ compensation benefits can be withheld as well.
- Administrative penalties, including financial and property liens, suspension of the parent’s driver’s license, and suspension of any professional or recreational licenses. The state can also report the back payments to credit bureaus.
- Contempt of court filings, which require the non-paying parent to appear for a hearing, and can result in charges for criminal nonsupport, which may be either a misdemeanor or a felony.
These agencies can also take other actions and even refer the case to the U.S. Department of State.
FAQs
Q: What Can You Do When Child Support Is Not Being Paid in Missouri?
A: When child support is not being paid in Missouri, you can enforce the order through the FSD or the court that made the support order. These are sensitive situations, and it can be beneficial to talk with your co-parent prior to taking these actions to see if other actions can be taken. If a co-parent cannot be reasoned with, you can work with these agencies to enforce the support legally. The enforcement actions taken will depend on the extent of the unpaid support.
Q: How Far Behind in Child Support Can a Parent Be Before a Warrant Is Issued in Missouri?
A: A warrant may be issued if a parent is facing criminal nonsupport charges. This offense involves knowingly failing to give adequate support to a child that they have the legal obligation to support, whether that is a child or stepchild that is not emancipated.
A hearing for this offense requires the parent to show good cause for not providing support to avoid conviction. This is charged as a class A misdemeanor. If the offense totaled more than 12 months of missed payments, it is a class E felony.
Q: What Happens if a Father Doesn’t Pay Child Support in Missouri?
A: When a father fails to pay child support in Missouri, actions can be taken by the parent that is meant to receive payments, by the FSD, or by the court. The parent who has not paid support may face administrative penalties, contempt of court proceedings, or even criminal charges, and the severity of the consequences can vary. Agencies may withhold income to recover unpaid support. Criminal charges for nonsupport can result in fines and incarceration.
Q: How Do You Report Someone for Not Paying Child Support in Missouri?
A: When a parent fails to pay child support in Missouri, the FSD may take action. If you are the other parent of the child and have not received payments, you can report the non-paying parent to the FSD or the court that created the support order. You can also discuss the situation with an attorney to determine the solution that will limit the stress on your family while ensuring your children get the financial support they need.
Protecting Your Family’s Financial Needs
Whether you are a parent who cannot meet your payments or a parent who isn’t receiving the necessary payments to provide support for your child, you need legal support. The team at Stange Law Firm can help you review your options. Contact our firm today.
