Montgomery County Child Support Arrears Attorney
Get the Legal Help You Need Enforcing Child Support Payments
Once a couple has divorced or separated, one of the biggest issues to figure out is child support. Since this can be a challenging subject for two people to agree upon, it’s often left up to the court to decide which party will be making the payments and how much they will be. After a family law judge has made their ruling, it will become a legal court order that each parent is obligated to follow. Unfortunately, it’s not uncommon for non-custodial parents to disregard their responsibility to uphold the judgment and discontinue their financial support. Whether it’s because they are no longer able to pay or are simply refusing to, it’s not a good situation for either parent to find themself in.
When child support payments are overdue, they are referred to as child support arrears. Regardless if you’re the parent seeking to collect the money you’re owed or the parent who has ceased payments, it’s important to get help from an experienced Montgomery County child arrears attorney who can explain what steps to take to find a solution.
Types of Arrears
Child support arrears can be classified as either assigned or unassigned. Arrears are assigned when the custodial parent has received public aid. The state will supply the assistance needed and then acquire the child support payments as reimbursement. If arrears are unassigned, it simply means the custodial parent has not obtained public aid and the state has no claim on any child support payments that are made.
Potential Consequences of Being in Violation of a Child Support Order
There are a number of consequences that a parent may face if they fail to make their child support payments in full. The Child Support Recovery Act was put into place in 1992 to prevent parents from willfully neglecting to pay their support arrears. Under the act, it’s a federal misdemeanor not to pay a past due child support order when they had the means to do so. Sanctions that may be used to enforce a support obligation include:
- Wage garnishment
- Suspended driver’s license
- Tax refund withholding
- Credit bureau reports
- Passport denial
- Interest accrual
- Account freezes
- Asset seizures
- Contempt of court charges with jail time
Rectifying a Dispute Regarding Child Support Arrears
There are some circumstances where a parent’s financial situation has significantly changed, causing them to have problems making their payments. In other cases, they may be falsely accused of not paying the correct amount. The best way for a non-custodial parent to resolve a dispute regarding child support arrears is to have a lawyer go over all their options. There’s a possibility of finding errors in past support calculations, which will require corrections. The court may also be petitioned to modify an existing order if the parent can show why they are unable to maintain their payments.
Contact a Pennsylvania Attorney Regarding Overdue Payments
At the Law Offices of Sheryl R. Rentz, P.C., we understand the hardships that come with both collecting child support arrears and paying them. Our Pennsylvania child support attorneys are seasoned in helping clients handle the differentiating sides of this difficult issue. Advocating for the best interests of your child is our main priority, and that means making sure they are financially supported by both their parents. Enforcing child support obligations is a complicated task, which is why you need the representation of a knowledgeable and experienced lawyer. On the other hand, you may have a solid defense for falling behind on payments or proof that this isn’t the case at all. Contact us at (866) 290-9292 to schedule a consultation so we can evaluate your case and advise you on what to do next.
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