Enforcement of Child Support Obligations

by Doug McFarland

In the family law arena, some of the most frequently asked questions raised by clients involve the determination and enforcement of child support orders. In every family law case involving children, the court must determine the amount necessary for the support of the minor children and which of the parents is responsible for payment of the support.

The most frequently asked questions are: (1) How does the court determine who pays child support and how much support will be ordered by the court?; (2) How long are child support orders enforceable?; and (3) How and by whom are child support orders enforced?

The answers to these questions can be complicated, making general answers difficult and subject to the specific details of each case. However, the following information will generally apply.

Who pays child support, and how much will be ordered

It is surprising to many that the law places an equal burden upon both parents to support their children "in the manner suitable to the child's circumstances." The Family Law Act requires that the court order support sufficient to support the child based upon the child's circumstances tempered with the parents' ability to pay. Children with exceptional needs such as children with disabilities may be awarded substantially more support than an otherwise healthy child.

Once the needs of the child are ascertained, the court is charged with the responsibility of establishing a child support order in light of the parents' ability to pay. Not all mothers and fathers earn the same amount of money. Consequently, the legislature has provided an algebraic formula for determination of how the amount of support is shared by the parents of the child. This formula is determined after consideration of the following factors: (1) The amount of time the child spends with each parent; (2) The ratio of the net disposable income of the mother and father in relationship to their shared equal responsibility to support the child; the net disposable income is generally regarded as the gross income of the party less the taxes owed by the party; (3) The factoring of various hardship allowances that the court might accept due to the individual circumstances of the case such as the number of children of other marriages that the party supports, and the special medical needs of the child; (4) Both parents are normally required to pay one half of the child care costs when the parties are employed working outside of the home. The determination of child support is normally made by resort to a computer program which, when properly used, factors the necessary information into the child support equation.

We are highly skilled in the use of this computer program, as well as the entire family law process. Call us for a free consultation.

How long do child support orders last?

With few exceptions, Child Support Orders remain in effect until the orders modified by a court order, based upon a change in 1) the child’s needs; 2) the income of the custodial parent, and/or 3) the ability of the parent ordered to pay support to pay the amount of support required under the court’s order.

Two issues often arise with regard to child support orders: 1.) How much support has accrued and remains unpaid; and 2.) How much support continues to accrue each month.

In the former case, each month a support is due and unpaid becomes a judgment of the court which may not be modified in the future. This amount remains collectable, even though the parent ordered to make support payments may have lost his or her job and even though that person does not have the ability to pay support. This support is collectable notwithstanding the filing of a petition under the bankruptcy code.

In the latter case, where the support payment has not yet become due, the support order may be modified and changed upon a proper showing of changed financial circumstances. The order may be modified until the time the payment is due. All support payments, unless there is an agreement to the contrary, cease upon the earliest of the following events: the child reaching the age of 18 years of age (providing the child has graduated from high school, and in any event upon the child's 19th birthday); the child's death; the death of the parent paying the support; or the emancipation of the child.

Since child support orders continue to be enforceable until they are modified, parents should constantly monitor their financial condition and seek the counsel of competent professionals in determining whether a modification should be considered in their specific case.

How and by whom are support obligations enforced?

The parent who is entitled to receive child support under a judgment of the court has some very specific and effective enforcement tools available, including wage assignments and garnishments, the withholding of professional licenses and drivers licenses, the interception of income tax refunds, the sale of personal and real property, and the services of the District Attorney's Office, where applicable.

This office represents those parents who are seeking to enforce their rights under the child support laws and also represent the parents of those who are obligated to pay support in order to insure that the parents rights are as fully protected as the law permits. We also represent those parents who need the assistance of the court in modifying the provisions of support orders based upon their change in circumstances and the child's continually changing needs.