Problems Collecting Child Support
When an Order is entered regarding the payment of child support, it can be collected either directly or through the Department of Probation. Whichever method a party chooses, there are remedies in the event of any problems collecting the support.
If a party chooses to have support paid directly to them, and the payor is not paying, a litigant can file an application with the Court to have the support paid through the Department of Probation. Additionally, in the litigant's application, they can ask the Court to compel the payor to pay back all arrears that they have not paid. This can either be in a lump sum or through periodic payments. The Court can also enter a judgment for the outstanding arrears, and apply an appropriate interest rate to the judgment amount so that interest can accrue in case the judgment cannot be collected immediately.
If payments are made through the Department of Probation, the department keeps a record of all payments made, as well as any arrears. If a payer fails to make the required payments, Probation has several enforcement methods at their disposal. This includes the issuance of bench warrants, wage garnishment, notification to the credit bureau, applying a tax refund against child support arrears, as well as entering a judgment against the payor. Additionally, if a payor fails to make the necessary payments, then their occupational license or driver's license may be suspended.
The payment of child support is imperative to the well being of a child, and therefore the Court's take noncompliance with this obligation very seriously, as demonstrated by the enforcement methods available to litigants. While no payee wants to be in a situation where they are not receiving the support they are entitled to, there are several remedies available to fix this problem.