How to catch up on back child support

How Do I Get All Of The Child Support That Is Owed To Me?

One of the most important parts of a divorce is to make sure that a couple’s children are taken care of, including child support.

Collection And Enforcement Of Child Support

Child support payments may either be ordered by the court in a divorce decree or legal separation agreement or mutually agreed upon by the parties. Several laws exist which are designed to make child support orders readily enforceable across the United States. However, despite such efforts, "dead-beat dads," or parents who consistently fail to make support payments in full or at all, continue their delinquencies. As a result, there are further measures available for the collection of child support payments.

Child Support Enforcement Agencies

Child support orders that have been issued in one state must be recognized and enforced in all 50 states. All states are required to have child support enforcement agencies (CSEAs), which are charged with the enforcement and collection of child support payments. However, individuals may also choose to enforce a court order without the assistance of their CSEA by hiring a private attorney.

Methods Available to Collect Past Due Child Support Payments

Generally, there are a variety of techniques available to state and federal governments in order to collect arrearages of child support payments. Some methods which may be used to pursue the offender may include:

Court orders to withhold and/or garnish their wages or other employment benefits
Interception of their tax refunds
Placing liens on their property
Holding them in contempt of court
Hiring a collection agency to pursue them
Revoking their driver's or professional licenses
Pursuing interstate collections authorized by federal statute

Wage Withholding

By 1994, deducting the wages of the non-custodial parent (i. e., the parent without "physical" custody) of a child support order became automatic. In addition, employers in all states may receive an order authorizing garnishment of wages for past due child support payments. Although this process may increase an employer's costs, employers are prohibited from discriminating against their employees based on automatic child support withholding. Thus, this method is an effective way of collecting overdue child support provided that the paying parent does not change jobs frequently or otherwise lose their job.

Interception of Tax Refunds

State and federal governments are also entitled to intercept tax refunds to collect support payments in arrears. This is only a useful method if the debtor parent is expecting a sizeable refund and also only applies once per year. In addition, if the non-custodial parent has remarried, only their portion of the tax refund may be reached. The new spouse is entitled to retain their full refund amount.

Liens on Property

In order to collect child support payments from a defaulting non-custodial parent, states may place a lien on the individual's property, including real estate and automobiles. A "lien" is a claim that is placed on the property which prevents it from being sold or transferred until a debt (e.g., child support payment) has been satisfied. If the child support continues to go unpaid, the property may be "foreclosed," or sold to pay the debt from the sale proceeds.

Contempt of Court

A parent who fails to make child support payments may be held in "contempt of court." A non-custodial parent who disobeys a court order to make child support payments may be brought to court for contempt either by the custodial parent or the state. A party that is found guilty of contempt of court is potentially subject to fines and/or time in jail.

Collection Agencies

In some instances, it may be appropriate to hire a collection agency to pursue the delinquent child support payor. Some collection agencies might be willing to handle a child support collection just as any other debt using their typical collection tactics. These agencies usually require a portion of the amount collected as a "contingency fee" for their services.

Revoking Licenses

Another method of enforcing payment of child support is to make the debtor's acquisition or renewal of a license contingent upon paying the support owed. This may apply to driver's licenses, professional licenses, etc. A license holder that defaults or fails to make the agreed upon payments may have their license revoked. Although these processes may not be available in all states, they offer the advantage of being quick and effective due to their administrative nature.

Interstate Enforcement and Collection

In order to facilitate the enforcement and collection of child support payments across the country, the proposed Uniform Interstate Family Support Act (UIFSA) was approved by the American Bar Association in 1993. Since then, all 50 states have adopted UIFSA which helps ensure that when a child lives in one state and the parent ordered to pay support lives in another, support orders and enforcement and collection arrangements will be recognized in both states.

However, a lack of perfect cohesion in the laws of the states still permitted some noncustodial parents to escape one state's jurisdiction by relocating to another state. In response, Congress enacted the Full Faith and Credit for Child Support Orders Act of 1994 (FFCCSOA). The federal FFCCSOA was drafted to be consistent with the state enacted UIFSA and was designed to promote consistent enforcement of child support orders, discourage interstate controversies and avoid competition and conflict among the states.

If you have more questions about child support or child custody, please contact our Washington, D.C., Virginia and Maryland divorce attorneys now to set up a consultation.

Child Support and Bankruptcy | Office of the Attorney General

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Your child(ren) need the consistent financial support of both their parents — even when one parent is struggling with debt. Here’s what both custodial and noncustodial parents need to know about how bankruptcy affects child support.

Bankruptcy and Noncustodial Parents

If you’re a noncustodial parent who owes child support, bankruptcy does not waive your child support responsibilities. Learn if and how your case will change.

I filed for bankruptcy. Now what?

If you have filed for bankruptcy, it is important that you notify the Child Support Division immediately. The relationship between child support and bankruptcy is complex. Contacting our office can help you determine the next step regarding your child support case.

Contact us

Do I still have to pay for child support?

Yes, you are required to continue paying child support despite being in bankruptcy. Your current payment obligations remain in effect. Any arrears — or unpaid child support — cannot be cleared because of bankruptcy.

Your bankruptcy may be affected if you stop paying your child support. The Office of the Attorney General is required to comply with federal bankruptcy laws and can use several methods to enforce child support responsibilities.

Learn more in our Child Support Enforcement section.

Can I modify my child support?

You may be eligible to have your support lowered by the court.

To request a modification, you will need to show that you cannot meet your current obligation due to unemployment, reduced income, or a different change in circumstance.

Learn more about modifying your child support.

Bankruptcy and Custodial Parents

If you are a custodial parent currently receiving child support and the noncustodial parent has filed for bankruptcy, you may have questions about how this can affect you.

Will I still receive child support?

Filing for bankruptcy does not end the noncustodial parent’s child support obligation. However, the noncustodial parent may request a payment modification.

Bankruptcy alone does not qualify them a lower payment.

Learn more about child support modifications on our modifications page.

What if I'm not receiving payments?

If your child’s other parent stops paying child support, the Office of the Attorney General will use several methods to enforce their child support responsibilities.

Learn more in our Child Support Enforcement section.

Is it possible to return the paid alimony?

Question: Is it possible to return paid alimony?

Answer: Alimony can be claimed back in established cases, for example, if the court decision on their recovery is canceled due to the submission of false documents by the recipient of the alimony. Sometimes it is possible to return alimony as unjust enrichment.

Grounds and procedure for the return of alimony

The return of paid alimony is allowed only in certain cases. nine0005

The grounds for claiming alimony back are (clause 2, article 116 of the RF IC):

cancellation of a court decision on the recovery of alimony in connection with the communication by the recipient of alimony of false information or in connection with the submission of false documents by him;
recognition of an agreement on the payment of alimony as invalid due to its conclusion under the influence of deceit, threats or violence on the part of the alimony recipient;
establishment by a court verdict of the fact of forgery of a court decision, agreement on the payment of alimony or a writ of execution on the basis of which alimony was paid. nine0024

At the same time, if these illegal actions are committed by a representative of a minor child or an adult incapacitated recipient of alimony, the alimony is not returned, and the paid alimony is subject to recovery from the guilty representative at the claim of the alimony payer (clause 3 of article 116 of the RF IC).

The procedure for the return of alimony depends on the grounds for its return. Consider the procedure if the court decision on the recovery of alimony is canceled due to the alimony recipient reporting false information or in connection with the submission of false documents by him. nine0005

In this case, the alimony is returned in the order of reversing the execution of the court decision. This means the following: if an already executed court decision is canceled and, after a new consideration of the case, another decision is made, in particular, on the refusal of the claim for the recovery of alimony in whole or in part, the defendant must be returned everything that was recovered from him in favor of the plaintiff under the canceled court decision (Art. 443 Code of Civil Procedure of the Russian Federation).

As a general rule, if the court of appellate, cassation or supervisory instance considering the case finally resolves the dispute by its act, it is obliged to resolve the issue of reversing the execution of the court decision or to transfer the case for resolution by the court of first instance (clause 1, article 444, clause 1, article 445 of the Code of Civil Procedure of the Russian Federation).

If the issue of reversing the decision is not resolved by the relevant court, the alimony payer has the right to file an application with the court of first instance.

The application is considered at the court session with the call of the persons participating in the case. Based on the results of the consideration, the court issues a ruling (clause 1 of article 224, clauses 2, 3 of article 444, clause 2 of article 445 of the Code of Civil Procedure of the Russian Federation).

For return as unjust enrichment, see Situations: Is it possible to return paid alimony? ("Electronic journal "Azbuka Law", 2019)

Is it possible to return alimony if the child turned out to be non-native? | Right | Society

22.11.2022 14:02

Tatyana Molchanova

Estimated reading time: 3 minutes

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Category: Legislation

Is the obligation to pay child support related to kinship, is it possible to simply stop paying child support if there is information that the child is from another person, and whether the money already spent will be returned - aif. ru answers these questions. nine0005

Who is obliged to pay child support?

According to the provisions of the Constitution and the Family Code of the Russian Federation, parents are obliged to support their children - this obligation is not made dependent on any circumstances. In the event that one of the parents is removed from bearing the burden placed on him, he can be obliged to financially provide for the child through the court or by concluding a notarial agreement. Moreover, this is possible not only when the parents are divorced or live separately - judicial practice knows cases when a parent lives in the same apartment with a child and does not give a penny for his maintenance. nine0005

Can a father stop paying child support if he finds out that the child is not his?

If the obligation to pay alimony is imposed on the father by the court, it is impossible to stop paying alimony without permission under any circumstances, except for the death of the child or the alimony payer. To relieve yourself of the obligation to support a minor, you need to go to court with a claim to challenge paternity. Only on the basis of a positive court decision can the record of paternity be excluded from the birth information of the child and stop paying child support. nine0005

As explained by the Supreme Court in its ruling dated November 12, 2019 No. 44-KG19-17, all the time until the court decides that the father is not biological, the man is still considered the parent. If a man finds out that he is not the father of the child and stops paying child support before the court makes a decision, a debt will accumulate that will not go anywhere, even if the court recognizes that the father of the child is a different person.

In which case can the money paid for maintenance be returned?

The Family Code provides for three situations when a father can demand the return of all funds transferred to pay child support (clause 2, article 116 of the RF IC):

1) the child support order was set aside because the mother lied to the court or submitted false documents, such as a paternity test;

2) an agreement on the payment of alimony was declared invalid because one of the parents entered into it under duress (threats, violence) or was deceived;

3) the document on the payment of alimony (court decision, agreement, writ of execution) was forged, as established by the court verdict.